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ACTS AND RESOLVES

MASSACHUSETTS.

1800-1801.

[Published by the Secretary of the Commonwealth, under
Authority of Chapter 104, Resolves of 1889.]

ACTS

AND

LAWS

OF THE

COMMONWEALTH

MASSACHUSETTS

BOSTON :

Printed by YOUNG & MINNS,

Printers to the Honorable the General Court of the Commonwealth.

M,DCCC.

Reprinted by Wright & Potter Printing Company, State Printers.

1897.

ACTS AND LAWS,

PASSED BY THE GENERAL COURT OF MASSACHUSETTS : AT
THE SESSION BEGUN AND HELD AT BOSTON, IN THE
COUNTY OF SUFFOLK, ON WEDNESDAY, THE TWENTY-
EIGHTH DAY OF MAY, ANNO DOMINI, 1800.

1800. — Chapter 1.

[May Session, ch. 1.]

AN ACT TO REPEAL A PART OF THE NINTH SECTION OF AN
ACT, INTITLED, " AN ACT TO INCORPORATE HUGH McLELLAN
AND OTHERS INTO A COMPANY, BY THE NAME OF THE MAINE
FIRE & MARINE INSURANCE COMPANY."

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the Authority
of the same, That so much of the said ninth section of the Part of a former
Act aforesaid, as prohibits the transfer of the shares in ct repea
said Company, be, and the same is hereby repealed.

Approved June 5, 1800.

1800. — Chapter 2.

[May Session, ch. 2.]

AN ACT TO INCORPORATE GEORGE DODGE AND OTHERS INTO
A COMPANY, BY THE NAME OF THE SALEM MARINE INSUR-
ANCE COMPANY.

Sec 1st. Be it enacted by the Senate and House of
Representatives in General Court assembled, and by the
Authority of the same, that the said George Dodge and corporate

, o 11 i i i i i ° a name and time

others, & all such persons as have already, or hereafter of duration.
shall become Stockholders in said Company, being citizens
of the United States, be, and hereby are incorporated into
a Company or Body Politic, by the name of The Salem
Marine Insurance Company, for, and during the term of
Twenty years after the passing of this Act ; and by that
name may sue, or be sued, plead, or be impleaded, ap-

Acts, 1800. — Chapter 2.

Capital Stock
and amount of
real estate.

Directors to
be annually
chosen, after
public notice
has been given.

Directors to
choose a Presi-
dent.

pear, prosecute and defend to final judgment and execu-
tion, and have a common Seal, which they may alter at
pleasure ; and may purchase, hold and convey any estate,
real or personal, for the use of said Company, subject to
the restrictions herein after mentioned.

Sec. 2d. Be it further enacted by the Authority afore-
said, that the capital stock of said Company, exclusive of
premium, notes, or profits arising from said business, shall
never exceed four hundred thousand Dollars, nor be less
than one hundred and fifty thousand Dollars ; and shall be
divided into one thousand shares ; of which capital stock,
twenty thousand Dollars only, shall be invested in real
estate.

Sec. 3d. Be it further enacted, that the stock, prop-
erty, affairs and concerns of said Company, shall be man-
aged and conducted by nine Directors, one of whom shall
be the President thereof, who shall hold their Offices for
one year ; and untill others shall be chosen, and no longer ;
which Directors shall, at the time of their election, be
stockholders, and citizens of this Commonwealth, and
shall be elected on the first Monday in July in each and
every year, at such times of the day, and at such place in
the town of Salem as a majority of the Directors for the
time being shall appoint ; of which election public notice
shall be given in one of the News-papers printed in the
town of Salem, and continued for the space of ten days
immediately preceding such election : And such election
shall be holden under the inspection of three Stockholders,
not being Directors, to be appointed previous to every
election, by the Directors ; and shall be made by ballot
by a majority of votes of the Stockholders present, allow-
ing one vote to each share in the capital stock ; provided
that no Stockholder shall be allowed more than ten votes ;
and the Stockholders not present may vote by proxy,
under such regulations as the said Company shall pre-
scribe : And if through any unavoidable accident the said
Directors should not be chosen on the first Monday of
July as aforesaid, it shall be lawful to choose them on
another day, in manner herein prescribed.

Sec. 4th. Be it further enacted, that the Directors so
chosen, shall meet as soon as maybe after every election,
and shall choose out of their body one person to be Presi-
dent, who shall preside for one year, and be sworn faith-
fully to discharge the duties of his Office : And in case of

Acts, 1800. — Chapter 2. 7

the death, resignation or inability to serve, of the Presi-
dent or any Director, such vacancy or vacancies shall be
filled, for the remainder of the year in which they may
happen, by a special election for that purpose, to be hold en
in the same manner as herein before directed respecting
annual elections for Directors and President.

Sec. 5th. Be it further enacted, that the President ^oard for the
and four of the Directors, or five of the Directors in the business and
absence of the President, shall be a Board competent for then "power8-
the transaction of business ; and all questions before them
shall be decided by a majority of votes, and they shall
have power to make and prescribe such bye-laws, rules
and regulations, as to them shall appear needful and
proper touching the management and disposition of the
stock, property, estate and effects of said Company, and
the transfer of the shares, and touching the duties and
conduct of the several Officers, Clerks and Servants em-
ployed, and the election of Directors, and all such matters
as appertain to the business of Insurance; and shall also secretary and
have power to appoint a Se[c]retary, and so many Clerks appointed*!6
and Servants for carrying on the said business, and with
such salaries and allowances to them and to the President,
as to the said Board shall seem meet : Provided that such
bye laws, rules and regulations shall not be repugnant to
the Constitution, or Laws of this Commonwealth.

Sec. 6. Be it further enacted, that there shall be stated SK oPecial
meetings of the Directors, at least once in every month, P1"010^8 10 be
and as often within each month, as the President and committee to
Board of Directors shall deem proper ; and the President, e appmi
and a Committee of two of the Directors, to be by him
appointed in rotation, shall assemble daily if need be, for
the dispatch of business: And the said Board of Direct- what may be

i/-i • f ' • ii insured —

ors, or the Committee aforesaid, at and during the pleas- directions re-
ure of said Board, shall have power and authority, on cPeesC.ting p° '"
behalf of the Company, to make insurance upon vessels,
freight and goods, and against captivity of persons, and
on the life of any person during his absence by sea, and
in cases of money lent upon bottomry and respondentia,
and to fix the premium and terms of payment ; and all
policies of Insurance by them made, shall be subscribed
by the President, or in case of his death, sickness, ina-
bility or absence, by any two of the Directors, and
countersigned by the Secretary ; and shall be binding
and obligatory upon the said Company, and have the like

Acts, 1800. — Chapter 2.

Semi-annual
dividends to
be made.

Case of loss
which shall
lessen the
capital stock.

Dealing in
merchandize
&c. forbidden
and the disposal
of the capital
stock directed.

Payment of
instalments.

effect and force as if under the Seal of said Company ;
and all losses duly arising under any such policies so sub-
scribed, may be adjusted and settled by the President and
Board of Directors, and the same shall be binding on the
Company.

Sec. 7. Be it further enacted, that it shall be the duty
of the Directors on the first Monday of June and Decem-
ber in every year, to make dividends of so much of the
interest arising from their capital stock and the profits of
said Company, as to them shall appear adviseable ; but
the monies received and notes taken for premiums on
risques, which shall be undetermined and outstanding at
the time of making such dividends, shall not be considered
as part of the profits of the Company ; and in case of any
loss or losses, whereby the capital stock of the Company
shall be lessened, each proprietor or Stockholder's estate
shall be held accountable for the instalments that may be
due and unpaid on his share or shares, at the time of said
loss or losses taking place, to be paid in to the said Com-
pany by assessments, or such other mode, and at such
time or times, as the Directors shall order ; and no sub-
sequent dividend shall be made, untill a sum equal to such
diminution shall have been added to the capital ; & that
once in every three years, and oftener if required by a
majority of the votes of the Stockholders, the Directors
shall lay before the Stockholders at a general meeting, an
exact & particular statement of the profits, if any there
be, after deducting losses and dividends.

Sec. 8th. Be it further enacted, that the said Com-
pany shall not directly, nor indirectly deal or trade in
buying or selling any goods, wares, merchandize or com-
modities whatsoever ; and the capital stock of said Com-
pany, after being collected at each instalment, shall, within
one hundred and twenty days, be invested either in the
funded debt of the United States, or of this Common-
wealth, or in the stock of the United States Bank, or of
any incorporated Bank in this Commonwealth, at the dis-
cretion of the President and Directors of said Company,
or of other Officers which the Proprietors shall for such
purpose appoint.

Sec. 9. Be it further enacted, that fifty Dollars on each
share in said Company shall be paid within twenty days
after the first meeting of said Company, and the remain-
ing sum within one year after said first meeting, at such

irector in
inother com-

Acts, 1800. — Chapter 2.

equal instalments, and under such penalties, as the said
Company shall direct; and no transfer of any share in
said Company shall be permitted, or be valid, until all the
instalments on such share shall have been paid.

Sec. 10. Be it further enacted, that no person, being ^ Di^
a Director of any other Company carrying on the business pany not eiigi-
of marine insurance, shall be eligible as a Director of the
Company by this Act established.

Sec. 11. Be it further enacted, that the property of ^ach^T
anv member of said Company vested in the stock of said the process

iiiii«ii t i prescribed.

Company, shall be liable to attachment, and to the pay-
ment and satisfaction of his just debts to any of his bona
fide creditors, in manner following ; viz. in addition to
the summons prescribed by law to be left with the defend-
ant, a like summons shall be left with the Secretary of
said Company, and the debtor's shares in said Compan}^'s
funds, together with the interest and profits due or grow-
ing thereon, or so much thereof as shall be sufficient, shall
thereby be holden to respond said suit according to law ;
and all transfers of the debtors shares not noted in the
books of the Company, previous to the delivery of such
summons, shall be barred thereby, and execution may be
levied upon the property of any Stockholder in said Com-
pany, and his share or shares therein exposed to sale in
the same manner as is by law prescribed where personal
estate is taken in execution ; and it shall be the duty of
the Officer who extends such execution, to leave an at-
tested copy thereof, with his doings thereon, with the
Secretary of said Company, and the purchasers shall there-
upon be entitled to the reception of all dividends and
stocks which the debtor was previously intitled to ; and
upon any attachment being made, or execution levied on
any shares in said Company, it shall be the duty of the
Secretary of said Company to expose the books of the
Company to the Officer, and to furnish him with a certifi-
cate under his hand, in his official capacity, ascertaining
the number of shares the debtor holds in said Company,
and the amount of the dividends due thereon.

Sec. 12. Be it farther enacted, that in case of any loss The estates of
or losses taking place, that shall be equal to the amount Directors nabfe
of the capital stock of the said Company, and the Presi-
dent & Directors, after knowing of such loss or losses
taking place, shall subscribe to any policy of insurance,
their estates jointly and severally shall be accountable for

in certain case.

10 Acts, 1800. — Chapter 3.

the amount of any and every loss that shall take place
under policies thus subscribed.

Sec. 13. Be it further enacted, that the President and
Directors of said Company shall, previous to their subscrib-
ing to any policy, and once in every year after, publish
in one of the Newspapers printed in the town of Salem,
the amount of their stock, against what risks they mean
to insure, & the largest sum they mean to take on any
one risk.
Bubmutee,d.t0 be Sec. 14. Be it further enacted that the President and
Directors of said Company shall when, and as often as
required by the Legislature of this Commonwealth, lay
before them a statement of the affairs of said Company,
and submit to an examination concerning the same under
oath.
KdtSoaiiflnt Sec- 15- Be it further enacted, that George Dodge,
meeting. Jacob Ashton and Joseph White, or any two of them,

are hereby authorized to call a meeting of the members
of said Company as soon as may be, in Salem, by adver-
tizing the same for two successive Weeks in the Salem
Gazette, for the purpose of their electing a first Board of
Directors, who shall continue in Office until the first Mon-
day of July, one thousand eight hundred and one.

Approved June 9, 1800.

1800. — Chapter 3.

[May Session, ch. 3.]

AN ACT IN ADDITION TO AN ACT, INTITLED, "AN ACT FOR
ESTABLISHING A CORPORATION BY THE NAME OF THE
EIGHTH MASSACHUSETTS TURNPIKE CORPORATION."

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority
Gate to be 0f tfie same That as soon as the said Corporation shall

erected when */ ' . /• 1

one-third of the have made and completed one third part of the said road,
pieted. beginning on the line between the towns of Westfield and

Russell, according to the requisition of said Act, and the
same shall have been duly approved by a Committee ap-
pointed by the Court of General Sessions of the Peace for
the County of Hampshire, the said Corporation be, and
hereby are authorized and empowered to erect a Turnpike
Gate in such place as the said Committee shall judge neces-
sary and convenient for collecting toll, and shall be entitled
to receive of each traveller or passenger, the same rate of
toll that they would have been by said Act, to which this

Acts, 1800. — Chapters 4, 5. 11

is in addition, entitled to receive at one Gate, in case the
whole of said road had been completed and approved, in
manner by said Act prescribed ; any thing therein con-
tained notwithstanding.

Provided however, That in case the said Corporation Proviso,
shall neglect to complete the whole of said Turnpike road
within the time set and limited in the original Act, to which
this is in addition, then this Act shall become void, and
said Turnpike Gate be removed.

Approved June 10, 1800.

1800. — Chapter 4.

[May Session, ch. 4.]

AN ACT IN ADDITION TO, AND FOR ALTERING AN ACT, IN-
TITLED, "AN ACT FOR ESTABLISHING A CORPORATION BY
THE NAME OF THE NINTH MASSACHUSETTS TURNPIKE COR-
PORATION."

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority
of the same, That the Justices of the Court of General g^ffldlfr
Sessions of the Peace for the County of Worcester, are rods wide.
hereby impowered and authorized to approve of said road
as sufficiently made, although the same may in some places
be less than four rods wide ; provided, That in the opinion
of said Court, the public convenience shall not require the
same to be four rods wide, as is required in the Act to which
this is an addition ; any thing in the same to the contrary
notwithstanding.

Provided also, That the said road shall not in any part Proviso,
of it be reduced to less than three rods and an half in width,
unless it should be found necessary to move some dwelling
house or other valuable building, in order to give it that
width. Approved June 10, 1800.

1800.— Chapter 5.

[May Session, ch. 5.]

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS
OF THE TOWNS OF RUSSELL, BLANDFORD, NORWICH AND
MONTGOMERY, IN THE COUNTY OF HAMPSHIRE, INTO A
DISTINCT RELIGIOUS SOCIETY BY THE NAME OF THE UNITED
BAPTIST SOCIETY.

Sec. 1st. Be it enacted by the Senate and House of
Representatives in General Court assembled, and by the

12 Acts, 1800. — Chapter 5.

Porratend iDCOr" authority of the same, That Titus Doolittle, Russell Falley ,
Daniel Mallory, Seth Hayse, David Sacket, Levi Dewey,
Love well Thomas, Salmon Thomas, Abner Cockran, Isaac
Palmer, Eli Hayse, Henry Parks, Richard Andrews,
Josiah Halladay, William Stanclift, William Goold,
Jacob Andrews, Jacob Andrews, junr., Jonathan Herrick,
Glass Cockran, Amos Reed, Asa Culver, Richard Falley,
Ebenezer Stow, Moses Warner, Charles Culver, Abiel
Stanton, Joseph Shoals, Josiah Molton, Gersham Rust,
junr., Jonathan Pitcher, Isaac Blair, Isaac Chapman,
Titus Doolittle junr., Stephen Herrick, Abner Chapman,
Abraham Bradley, Isaac Palmer, junr., Moses Lindsey,
Jonah Mallory, Joseph Hayse, and Datus Ensign, to-
gether with their polls and estates be, and they hereby

name!rate are incorporated by the name of The United Baptist
Society, with all the priviledges, powers & immunities,
so far as shall be necessary for providing for the support
and maintenance of public worship, to which Parishes are
by law intitled in this Commonwealth.

a m1m°ber.come Sec- 2d- And Be & further* enacted, That any person
in either of the towns of Russell, Blandford, Norwich &
Montgomery aforesaid, being of the Baptist denomination
of Christians, who may at any time hereafter become a
member of, and unite in their religious worship with the
said United Baptist Society, and give in his or her name
to the Clerk of the town or parish to which he or she
belongs, with a Certificate signed by the Minister or Clerk
of said Society, that he or she has actually become a mem-
ber of, and united in religious worship with the said Society
in Russell aforesaid, fourteen days previous to the Town
or Parish meetings therein to be held in the month of
March or April annually, shall, from and after giving such
certificate, with his or her polls and estates, be considered
as a member of said Society : Provided however, That such
person shall first pay his proportion of all money assessed
in the town or Parish to which he or she belonged previous
to that time.

drawfromthe Sec- 3d- And Be it further enacted, That when any

society. member of said United Baptist Society, shall see cause to

leave the same, and unite in religious worship with any
other Religious Society, and shall give in his or her name
to the Clerk of the said Baptist Religious Society, with
a certificate signed by the Minister or Clerk of the Parish,
or other incorporated Religious Society with which he or

Acts, 1800. — Chapter 6. 13

she may unite, that he or she has actually become a mem-
ber of, and united in religious worship with such other
parish or other incorporated Religious Society, fourteen
days previous to their meeting in March or April, and
shall pay his or her proportion of all money assessed in
said Society, previous thereto, such person shall, from
and after giving such certificate, with his or her polls and
estates, be considered as a member of the Society to which
he or she has so united.

Sec. 4th. And be it further enacted, That Samuel FirBtmeeting-
Fowler, Esqr. be, and he is hereby authorized to issue
his Warrant, directed to some member of said Society,
requiring him to notify all the members thereof, qualified
to vote in parish affairs, to assemble at some suitable time
and place in said town of Russell, to choose such Officers
as Parishes are by law required to choose in the months
of March or April annually ; and to transact all other
matters and things necessary to be done in said Society.

Approved June 12, 1800.

1800. — Chapter 6.

[May Session, ch. 7.]

AN ACT IN ADDITION TO AN ACT, ENTITLED, AN ACT FOR IN-
CORPORATING THE SEVERAL RELIGIOUS SOCIETIES IN NEW-
BURY PORT, IN THE COUNTY OF ESSEX.

Be it Enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority
of the same, That the Proprietors of the House of Public society author-
Worship of the first Religious Society in Newbury-Port, Sey.borrow
be, and they are hereby authorized in their corporate
capacity, by their Treasurer, or by any committee spe-
cially appointed, or to be appointed, to hire any sums of
money for the purpose of purchasing any piece of land in
the said Newbury Port, on which to erect a new house
of Public Worship for the first Religious Society in New-
bury-Port ; and also for the purpose of erecting and fin-
ishing such new house, with all the incidental expences ;
and the contracts made or to be made by the said Com-
mittee for hiring the said monies and for the erecting and
finishing such house, shall be binding on the said Corpo-
ration, and shall be for their use and benefit. And the
said Corporation are hereby authorized to pledge & mort-
gage the proceeds of the sale of their old meeting house,

Acts, 1800. — Chapter 6.

Society con.
tinued.

Proviso.

Pews to be
appraised.

Expenses to be
assessed on new
pews.

and of their land under and adjoining the same ; and also
the balance hereafter mentioned, arising on the pews to
be made in such New Meeting-house, as an indemnity and
security for the payment of the monies so to be hired ;
and any such pledge or mortgage heretofore made by the
said Corporation is hereby ratified and confirmed.

And be it further Enacted by the authority aforesaid,
That the said corporation shall be deemed and holden in
law to have existence and continuance, and to be com-
posed of the same members after the sale of the said old
meeting-house and land, as it now has and is before such
sale. Provided however, That upon the disposition or
sale of the pews in such new Meeting house, then the
Owners or Proprietors of the same pews for the time
being shall alone be the Members of the same Corpora-
tion.

And be it further enacted by the authority aforesaid,
That the said Proprietors be, and they are hereby em-
powered to choose a Committee, which Committee shall
select and appraise, upon oath, so many of the Pews in
such new Meeting house, when finished, as shall be equal
in number to the pews in the said old Meeting-house,
holden by individual Proprietors, at their just relative
value, according to their best discretion, and shall divide
the said pews so appraised into distinct classes, according
to their comparative values, in the same manner the pews
in the said old Meeting house are now classed ; each class
to contain Pews equal in value, and also of the same num-
ber with those contained in the like class of Pews in the
said old Meeting house ; and the said Committee are to
return their said appraisement and division, in writing
under their hands, to the Clerk of the said Corporation,
to be entered on the records of the said Corporation.
And the said Proprietors are hereby authorized and em-
powered to cause the new pews in each of the said classes
to be assigned by lot to and among the Proprietors of the
like class of Pews in the said old Meeting house, and to
assess upon the said New pews all the costs, charges &
incidental expences of purchasing the land on which to
build the said new Meeting house, and of building &
finishing the said New Meeting-house, according to their
relative values as stated in the said appraisement ; and
also to credit the same new pews all the nett proceeds of
the sale of the said old Meeting house and land according

Acts, 1800. — Chapter 7. 15

to the same relative values as aforesaid ; the balance due Assessments to

/. i 1,1 c .I • i , i be paid In thirty

from each pew resulting from the said assessment and days.
credit, to be paid to the Treasurer of the said propriety,
or any Committee appointed by them for that purpose,
in thirty days after such balance shall be so liquidated ;
otherwise such Proprietor shall forfeit all right and title
to such new pew, and the same may be sold at public
auction by order of the said proprietors, for the most it
will fetch, and out of the nett proceeds of such sale shall
be paid to such delinquent Proprietor the last appraised
value of his pew in the said old Meeting house, if the said
nett proceeds shall amount thereto ; and such Proprietor Proprietors to
as shall pay the said balance within the said thirty days,
shall receive a title in fee simple to the pew so assigned
to him, by Deed, to be executed by such person or per-
sons as the said Proprietors shall authorize for that pur-
pose. And all taxes hereafter to be raised on the said PewtaxeB«
new pews by the said Proprietors or the said Religious
Society, shall be assessed thereon agreeably to the said
appraisement, until some new appraisement of the said
pews shall be made in due form of law.

And be it further enacted by the authority aforesaid,
That the sale of the said old Meeting house & land shall
not in any manner affect the existence of the first Religious
Society in Newbury-Port, as a Corporation, nor its powers,
rights or duties ; but the same Corporation shall be deemed
and holden in the law to have the same existence and con-
tinuance, with the same powers, rights and duties it now
has, whether the Members thereof attend the Public Wor-
ship of GOD in the old Meeting house aforesaid, or in the
New Meeting house to be erected as aforesaid.

Approved June 12, 1800.

1800. — Chapter 7.

[May Session, ch. 8.]

AN ACT TO CEDE TO THE UNITED STATES THE JURISDICTION
OF THE TRACT OF LAND WHICH SHALL BE REQUIRED FOR THE
LIGHT-HOUSE AUTHORIZED BY CONGRESS TO BE ERECTED ON
WIGWAM-POINT.

Sec 1. Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by the
Authority of the same, That the United States of America The united
may purchase or take as hereinafter is provided, any tract §> purchwlald

Acts, 1800. — Chaptee 7.

have jurisdic-
tion of land on
Wigwam Point.

Proviso.

Case of disa-
greement as to
the value.

United States to
pay charges of
appraisement,
&c.

of land which shall be found necessary and convenient for
the Light-house authorized by Congress to be erected upon
Wigwam-Point in the town of Gloucester, within this Com-
monwealth ; and during the continuance of the use and
appropriation aforesaid, the jurisdiction of such tract of
land, not exceeding the quantity of seven acres for such
Light-house, shall be, and hereby is ceded to, and shall
be in the said United States ; Saving and provided always,
That all civil & criminal processes, issued under the author-
ity, or by any Officers of this Commonwealth, shall have
full force and effect within the said tract of land, and any
buildings which shall be there erected, this cession of juris-
diction notwithstanding.

Sec. 2. And be it further enacted, That if the Agent,
or person employed for the United States, and the owner
or owners of such tract of land as shall be found necessary
and convenient for the said Light-house, cannot agree in
a sale and purchase thereof, such Agent, or person em-
ployed, may apply to any Court of General Sessions of
the Peace, which shall be holden within the County wherein
such land lies, who shall and may appoint a Committee
of three freeholders, impartial men, to determine a just
equivalent to the owner or owners of such land ; which
Committee shall be sworn before some Justice of the Peace
for the faithful discharge of their trust ; and shall forthwith
proceed to view, set off and appraise such tract of land,
and shall make return of their doings to the same Court,
which award and return, being accepted by the Court, and
the amount of such appraisement being paid to the owner
or owners of land appraised and set off by such Committee,
or if the owner or owners shall not appear, or shall refuse
to receive the same, to such person or Corporation, for the
use of the owner or owners, as the same Court shall order,
the tract of land so appraised and set off, shall be vested
in the United States, and shall and may be taken, possessed
and appropriated for the purposes aforesaid : Provided,
That all charges of such application and appraisement
shall be paid by the United States ; and Provided, That
the land which may be set off for the purposes of this Act,
shall not exceed the quantity of seven acres in the whole,
for such Light-house, including & reckoning therewith any
land purchased for the same. Approved June 12, 1800.

Acts, 1800. — Chapters 8, 9, 10. 17

1800. — Chapter 8.

[May Session, ch. 6.]

AN ACT TO ALTER THE TIME OF HOLDING ONE OF THE COURTS
OF GENERAL SESSIONS OF THE PEACE, & COURTS OF COM-
MON PLEAS IN THE COUNTY OF YORK.

Whereas the holding of the Court of General Sessio7is Preamble.
of the Peace and Court of Common Pleas, now by Law
appointed to be holden at Biddeford, in and for the Count;/
of York, on the second Tuesday of November, is found to
be inconvenient :

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the Authority
of the same, That the Court of General Sessions of the J,',mc°\ b0^mg

J ' . Court changed.

Peace, & Court of Common Pleas now, by Law appointed
to be annually holden at Biddeford, within and for the
County of York, on the second Tuesday of November,
shall, in future, be annually holden at the same place on
the last Tuesday of October, any law to the contrary not-
withstanding. Approved June 12, 1800.

1800. — Chapter 9.

[May Session, ch. 9.]

AN ACT TO SET OFF TIMOTHY HORTON FROM THE FIRST
PARISH IN WEST SPRINGFIELD IN THE COUNTY OF HAMP-
SHIRE AND TO ANNEX HIM TO THE SECOND PARISH IN
SAID TOWN.

Be it Enacted by the Senate and House of Representa-
tives in General Court assembled <& by the authority of the
same, that Timothy Horton of West Springfield in the set off from the
County of Hampshire with his poll and estate, be set from to 2d parish! ec
the first Parish and annexed to the second Parish in said
Town, there to do duty and receive privileges : Provided
however that the said Timothy Horton be holden to pay
all taxes legally assessed upon him by the said first Parish,
before the passing of this Act. Approved June 13, 1800.

1800. - Chapter 10.

[May Session, ch. 10.]

AN ACT TO CHANGE THE NAME OF CHARLES CABOT, TO THAT
OF CHARLES GEORGE CABOT.

Be it Enacted by the Senate and House of Representa-
tives in General Court assembled and by the authority of

Acts, 1800. — Chapters 11, 12.

Authorized to
bear the name
of Charles
George Cabot.

the same, That Charles Cabot of Brooklyn in the County
of Norfolk, merchant, son of George Cabot of the same
place Esquire, be and he hereby is authorized to take and
bear the name of Charles George Cabot, and by that name
shall henceforth be known & called.

Approved June 13, 1800.

Capital Stock
limited.

Instalments to
be paid as may
be directed.

1800. — Chapter 11.

[May Session, ch. 11.]

AN ACT IN ADDITION TO AN ACT ENTITLED " AN ACTjl TO IN-
CORPORATE SUNDRY PERSONS BY THE NAME OF THE
PRESIDENT, DIRECTORS AND COMPANY OF THE GLOUCESTER
BANK."

Sect. 1. Be it Enacted by the Senate and House of
Representatives in General Court assembled and by the
authority of the same, that the Capital Stock of said Cor-
poration shall hereafter consist of one hundred thousand
Dollars in Specie and no more, and shall be divided into
shares of One hundred Dollars each, any thing in the said
Act to which this is in addition, to the contrary notwith-
standing.

Sect. 2. Be it further Enacted, that all the sums
which may be added to the Capital Stock of said Corpo-
ration, under the authority of this Act, shall be subscribed
and paid in, in such manner as shall be hereafter agreed
upon by a majority of the votes at any legal meeting of
the Stockholders, holden for that purpose.

Approved June 13, 1800.

Certain exemp-
tions revoked.

1800. — Chapter 12.

[May Session, ch. 12.]

AN ACT TO REPEAL THE THIRD SECTION OF AN ACT, ENTITLED,
— "AN ACT TO REPEAL AN ACT, ENTITLED, AN ACT TO
INCORPORATE THE COMMITTEE OF THE CHURCH & CON-
GREGATION IN THE TOWN OF WARWICK FOR CERTAIN
PURPOSES"; — PASSED FEBRUARY, ONE THOUSAND SEVEN
HUNDRED & NINETY FIVE.

Be it enacted by the Senate & House of Representa-
tives, in General Court Asse?nbled, & by the Authority of
the same, that the whole of the Third Section in the Act
aforesaid, which exempts certain Persons in the town of
Warwick from contributing to the support of Public
Worship, being repugnant to the Principles of the Con-
stitution, be, & the same hereby is repealed.

Approved June 14, 1800.

Acts, 1800. — Chapters 13, 14. 19

1800. — Chapter 13.

[May Session, ch. 13.]

AN ACT TO SET OFF JOHN THAYER AND OTHERS, WITH THEIR
POLLS AND ESTATES, FROM THE TOWN OF BELCHERTOWN,
IN THE COUNTY OF HAMPSHIRE, AND TO ANNEX THEM TO
THE SECOND PARISH IN AMHERST FOR PAROCHIAL PRIVI-
LEGES.

Be it Enacted by the Senate and House of Representa-
tives, in General Court, assembled, and by the authority
of the same, That John Thayer, Ebenezer Bliss, Reuben Persons an-
Thayer, and Nathaniel Goodale of Belcherstown, in the Amherst.
County of Hampshire, with their Polls and Estates, be,
and they are hereby set oil' from the said Town of Belcher-
town and annexed to the Second Parish in Amherst, in
said County ; there to enjoy all the Parochial privileges
of the said Second Parish, and to pay their proportion of
all necessary charges that may arise therein for the pur-
poses aforesaid. Provided nevertheless, That the said Proviso.
John Thayer, Ebenezer Bliss, Reuben Thayer, and Na-
thaniel Goodale, shall be holden to pay all Taxes now
assessed or granted by the said Town of Belchertown.

Approved June 14, 1800.

1800. — Chapter 14.

[May Session, ch. 14.]

AN ACT TO EXEMPT SHEEPSCOT RIVER FROM THE OPERA-
TION OF ALL LAWS REGULATING THE FISHERIES IN THE
COUNTIES OF LINCOLN AND CUMBERLAND, EXCEPTING SO
FAR AS RELATES TO DYER'S RIVER, AND THE STREAMS &
PONDS RUNNING INTO OR CONNECTED WITH THE SAID
DYER'S RIVER.

Be it Enacted by the Senate and House of Representa-
tives, in General Court assenibled, and by the authority
of the same, That all Laws heretofore made which regulate certain fish
the taking of Salmon, Shad, and Alewives, or any other o">orVteon0
fish, in the said Sheepscot River, so called, in the County ^J?8001
of Lincoln, be so far repealed, that from and after the
passing of this Act, they shall cease to operate or have
any effect in the said Sheepscot River. Provided however,
That nothing in this Act shall be so construed as to affect
the stream called Dyer's River, or any of the waters run-
ning into or connected therewith.

Approved June 14, 1800.

Acts, 1800. — Chapters 15, 16.

Preamble.

1800. — Chapter 15.

[May Session, ch. 15.]

AN ACT PRESCRIBING THE TIME FOR HOLDING THE SEVERAL
COURTS OF COMMON PLEAS AND COURTS OF GENERAL
SESSIONS OF THE PEACE WITHIN AND FOR THE COUNTY
OF HAMPSHIRE.

Whereas by the alteration of the time of holding the Su-
preme Judicial Court in said County, it has become neces-
sary that the time of holding said first mentioned Courts
should be altered : Therefore,

Be it Enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority
Times at which of the same, That from and after the first day of August
to beholden, next, the said Courts of General Sessions of the Peace
and Courts of Common Pleas shall annually be holden at
Northampton, within and for the said County, on the
Monday next preceding the last Tuesday of August, on
the Monday next preceding the third Tuesday of Novem-
ber, on the Monday next preceding the third Tuesday of
January, and on the Monday next preceding the fourth
Tuesday of May ; and all writs, recognizances, processes,
appeals or continuances which have been or may, before
the tenth day of August next, be commenced to, taken for
or pending in the said Court of General Sessions of the
Peace or Court of Common Pleas, by Law to be holden
on the Monday next preceding the first Tuesday of
September next, may be returned to, entered, have day
in and be proceeded upon in the said Courts to be holden
in August next ; and all matters and things may be done
& performed by said Courts on the Monday preceding the
last Tuesday of August next, in the same manner as they
might have been done and performed by said Courts in
September next, if this Act had not been passed.

Approved June 16, 1800.

Matters
referred.

1800. — Chapter 16.

[May Session, ch. 16.]

AN ACT ESTABLISHING THE TENTH MASSACHUSETTS TURNPIKE
CORPORATION.

Sec 1. Be it enacted by the Senate and House of
Representatives in General Court assembled, and by the
Authority of the same, that Eldad Lewis, Azariah Egleston,

Acts, 1800. — Chapter 16. 21

Joseph Goodwin, Edward Martendale, Elijah Northrup, Names of Per-
Thaddeus Thompson, Thomas Brown, John Gregory, rated. c
Daniel Williams Junr., Ethan Stone, John Willard, Wil-
liam Walker, Nathaniel Bishop, Daniel Willcox, Jared
Bradley, Levi Nye, Eliab Brewer, Jonathan Norton,
Roderic Norton, Stephen Pelton, John Picket junr.,
Sandford Brown, Adonijah Jones, Francis Plummer,
David Dunbar, Lemuel Collins, Elisha Freeman, John
Hunter, Isaac Hunter, Caleb Hyde, Isaac Sears, Nathaniel
Bettis, Enos Stone, Amasa Glezen, Gamaliel B. Whiting,
David Bozworth junr. Enoch Williams Thayer, Joseph
Tucker, Jesse Bradley, Enos Blossom, Calvin Sears,
Paul Dewey, Samuel Fowler, and all such persons as
shall associate with them, and their successors, shall be
a Corporation by the name of The Tenth Massachusetts corporate
Turnpike Corporation, with all the priviledges and pow- Damo'
ers incident to Corporations, for the purpose of laying
out, making and keeping in repair a Turnpike Road from
the north line of the State of Connecticut, near the place
where Farmington river, crosses the same, and to com-
municate with the Turnpike rode lately laid out by said
State ; thence northwardly by said river to the house of Cour8e of road-
Sandford Brown in the town of Sandisfield, and thence
on the west side of said river by or near the Count}' road
lately laid out through the said Sandisfield and the towns
of Bethlehem and Becket to the house of John Nichols ;
from thence northwardly to the east side of Green- water
pond so called ; thence westwardly through that part of
Lee called Cape-street, the nearest and best course, by
Eli Bradley's farm to Lenox Furnace ; thence to the Court
House ; thence northwardly over the mountain by the farm
of Samuel Dunbar through Richmond to Hancock west
line a course leading to the Shaker Village in Canaan in
the State of New York, in such place or places on the
above rout, as the said Corporation shall choose for the
same ; — which road shall not be less than four rods wide,
and the path to be travelled on not less than eighteen feet
in width in any place ; and that when the said Turnpike Turnpike sates
Road shall be sufficiently made, and shall be approved of
by a Committee to be appointed for that purpose by the
Court of General Sessions of the Peace for the County of
Berkshire, the said Corporation shall be and hereby is
authorized to erect four Turnpike gates on the same, in
such manner, and at such places as the said Committee

Acts, 1800. — Chapter 16.

Toll.

Proviso.

Corporation
may hold land.

Sufferers to be
indemnified.

Penalty for
delay and for
exacting exces-
sive toll.

shall judge necessary and convenient for collecting the
toll ; and shall be intitled to receive at each of said gates,
from every traveller & passenger, the following rates of
toll, viz. For every Coach, Phaeton, Chariot, or other
four wheel carriage drawn by two horses, twenty five
Cents, and if drawn by more than two horses, an addi-
tional sum of four Cents for each horse — For every Cart,
Waggon, Sled or Sleigh drawn by two Oxen or Horses,
ten Cents ; and if drawn by more than two, an additional
sum of three Cents for each ox or horse — For every Cur-
ricle seventeen Cents — For every Chaise, Chair or other
carriage drawn by one horse, twelve Cents five mills —
For every man and horse, five Cents — For all oxen,
horses & neat cattle, led or driven, besides those in car-
riages, one Cent & five mills each — For all Sheep and
Swine, three Cents for a dozen ; and in that proportion
for a greater or less number ; — Provided that no toll shall
be taken from any person passing said road on military
duty — Provided also, that if the most northerly gate on
the said Turnpike road shall be placed on the present road
leading north and south through Richmond, which takes
the travel from the State of Connecticut, there shall be
but one half of the rates of toll, established by this Act,
demanded at the said gate.

Sec. 2. And be it further enacted, that the said Cor-
poration may purchase and hold any land over which they
may make said road ; and the Justices of the Court of
General Sessions of the Peace in the County of Berkshire,
are hereby authorized and required upon application from
the said Corporation, to lay out said road, or any part
thereof, as with the consent of the said Corporation they
may deem proper : And the said Corporation shall be
holden to pay all damages which any person shall sustain,
by taking his land for said road ; and when it cannot be
ascertained by voluntary agreement, the same is to be
estimated by a Committee appointed by the Court of
General Sessions of the Peace in said County ; saving to
either party the right of trial by Jury, according to the
Law which provides for the recovery of damages accruing
by laying out public highways.

Sec. 3. And be it further enacted, that if said Corpo-
ration, their tollgatherers, or others in their employment
shall unreasonably delay or hinder any traveller or pas-
senger at either of the said gates, or shall demand and

Acts, 1800. — Chapter 16. 23

receive more toll than is by this Act allowed, the Corpo-
ration shall forfeit and pay a sum not exceeding ten Dol-
lars, nor less than one Dollar to be recovered before any
Justice of the Peace for said County, who is not a pro-
prietor in said Corporation, by any person injured, delayed
or defrauded in a special action on the case ; the writ in
which action shall be served on the said Corporation by
leaving a copy of the same with any Officer or individual
member of the Corporation living in said County of Berk-
shire, or by reading the contents thereof in the hearing of
such Officer or individual member, seven days at least
before the day of trial ; and the Officer or individual mem-
ber of the said Corporation, on whom the writ shall be
served, shall be allowed to defend the same suit in behalf
of the Corporation ; & the Corporation shall be liable to corporation

, ! -i i • i I /• accountable

pay all damages which may happen to any person from for damages
whom toll is by this Act demaudable by means of any roadf&c!8 m
defect of Bridges or want of repairs within the same way,
and shall also be liable to be fined to the use of the said
County on presentment of the Grand Jury for not keep-
ing the same way or the Bridges thereon in good repair,
except the Bridge by Lenox Furnace, that near Langdon's
in Lee, and that near Sandford Brown's in Sandistield.

Sec. 4. And be it further enacted, that if any person renaity for
shall cut, break down or destroy any of the said Turnpike a^df'o^attempt-
gates, or shall forcibly pass, or shall attempt by force to j°fcle° paBS by
pass the same without having first paid the legal toll at
such gate, he shall forfeit and pay a sum not exceeding
fifty dollars, nor less than two Dollars, to be recovered by
the Treasurer of the said Corporation to their use in an
action of trespass before any Court proper to try the
same; and if any person shall with his horse, carriage, —For evading
team or cattle, turn out of the said road to pass any of to11'
the Turnpike gates on ground adjacent thereto, and again
enter on said road, or shall falsely and deceitfully pretend
to be exempted by this Act from paying toll, with intent
to defraud the Corporation, such person shall forfeit and
pay three times as much as the legal toll would have been ;
to be recovered by the Treasurer of the said Corporation,
to the use thereof, in an action of debt or on the case ;
provided that nothing in this Act shall be understood to proviso.
intitle the said Corporation to demand and receive toll of
any person who shall be passing with his horse or carriage
to or from public worship ; or with his horse, team or

Acts, 1800. — Chapter 16.

Shares consid-
ered personal
estate; mode of
transfer and
of attachment.

An account of
expenses to be
lodged in Sec-
retary's office.

Shares of delin
quents to be
sold.

cattle to or from his common labour on his farm, or to or
from any mill, or on the common & ordinary business
of family concerns within the town where he dwells.

Sec. 5. And be it further enacted, that the shares in
the same Turnpike road, shall be taken, deemed and con-
sidered to be personal estate to all intents and purposes,
and may be transferable ; and the mode of transfering
said shares shall be by deed, acknowledged before any
Justice of the Peace, and recorded by the Clerk of the
said Corporation in a book to be kept for that purpose ;
and when any of the said shares shall be attached on
mesne process, an attested copy of such process shall, at
the time of the attachment, be left with the Clerk of the
Corporation, otherwise such attachment shall be void ;
and such shares may be sold on execution, in the same
manner as is, or may by law be provided for the sale of
personal property by execution ; the officer making such
sale, or the judgment Creditor, leaving a copy of the exe-
cution with the Officer's return on the same, with the
Clerk of the said Corporation within ten days after such
sale, and paying for the recording of the same.

Sec. 6. Arid be it further enacted, that the said Corpo-
ration shall within six months after the said road is com-
pleted, lodge in the Secretary's Office an account of the
expenses thereof, and that the said Corporation shall
annually exhibit to the Governor and Council a true ac-
count of the income or dividend arising from the said toll,
with their annual necessary disbursements on the said
road, and that the books of the said Corporation shall at
all times be subject to the inspection of a Committee to
be appointed by the General Court or to the inspection
of the Governor and Council, when called for.

Sec. 7. And be it further enacted, that whenever any
proprietor shall neglect or refuse to pay any tax or assess-
ment, duly voted and agreed upon by the said Corpora-
tion, to their Treasurer, within sixty days after the time
set for the payment thereof, the Treasurer of the said
Corporation is hereby authorized to sell at public vendue
the share or shares of such delinquent proprietor, one or
more, as shall be sufficient to discharge said taxes, and
defrey the necessary incidental charges, after duly notify-
ing in the Newspaper printed at Stockbridge, the sum
due on any such shares, and the time and place of sale,
at least twenty days previous to the time of sale, and such

Acts, 1800. — Chapter 16. 25

sale shall be a sufficient transfer of such share or shares so
sold, to the person purchasing ; & on producing a Certifi-
cate of such sale from the Treasurer to the Clerk of the
said Corporation, the name of such purchaser, with the
number of shares so sold, shall be by the Clerk entered
on the books of the said Corporation, and such person
shall thereafter be considered to all intents and purposes
the proprietor thereof; and the overplus arising from
such sale, if any remains, shall be paid by the Treasurer,
on demand, to the person whose shares were thus sold.

Sec. 8. And be it further enacted, that the said Cor- ^g°r^c°taerdd t0
poration shall at all places where the said toll shall be
collected, erect and keep constantly exposed to view a
sign or board, with the rates of toll of all the tollable arti-
cles fairly and legibly written thereon in large characters.

Sec. 9. And' be it further enacted that the said Cor- commutation of

. . • e i i ii n toll allowed.

poration may from time to time, it they shall see nt
commute the toll at either, or all of said gates, with any
person, or with the inhabitants of any town through which
the said road passes, by receiving from him or them a
certain sum annually, to be mutually agreed on in lieu
of the toll established in and by this Act.

Sec. 10. And be it further enacted, that a meeting of ^oole officers
the said Corporation shall be holden at the Coffee-house ^,de8e8tabli8h
in Lenox aforesaid on the first Tuesday of August next
for the purpose of choosing a Clerk, and such other Offi-
cers as may then and there be agreed upon by the said
Corporation for managing the concerns thereof; and also
to establish such rules and regulations, as may then and
there be deemed necessary for carrying into effect the
purposes and designs of the Corporation ; provided the
same be not repugnant to any part of this Act, or any
other Law of this Commonwealth ; & that the said Corpo-
ration may then and there agree upon the times and
places of holding their subsequent meetings, and upon the
methods of calling the same, as they may judge proper.

Sec. 11. And be it further enacted, that the General £°7beadun
Court may dissolve said Corporation, whenever it shall 80lved-
appear to their satisfaction, that the income arising from
the said toll, shall have fully compensated the said Cor-
poration for all monies which they may have expended in
purchasing, making, repairing and taking care of the said
road, together with an interest thereon at the rate of
twelve per centum by the year ; and thereupon the prop-

Acts, 1800. — Chapters 17, 18.

Period for com-
pleting road.

Quantity of
land to be
ceded.

Concurrent
jurisdiction
retained.

erty of said road shall be vested in the Commonwealth,
and be at their disposal. Provided that if the said Cor-
poration shall neglect to complete the said Turnpike road
for the space of three years from the passing of this Act,
the same shall become void and of no effect.^

Approved June 16, 1800.

1800. — Chapter 17.

[May Session, ch. 17.]

AN ACT PROVIDING FOR THE CESSION OF CLARKE'S POINT IN
THE TOWN OF NEW BEDFORD, TO THE UNITED STATES.

Sect. 1. Be it Enacted by the Senate and House of
Representatives, in General Court assembled, and by the
authority of the same, That one hundred and thirty four
rods of land at the end of Clark's Point in the Town of
New Bedford, on which there is now a Light House stand-
ing, the property of the United States, be, and hereby is
granted & ceded to the United States.

Sect. 2d. Provided however, and be it further Enacted,
That the cession and grant aforesaid is upon this express
condition, that this Commonwealth shall retain a concur-
rent Jurisdiction with the United States in & over the land
aforesaid, so far as that all civil processes and such criminal
processes as may issue under the authority of this Com-
monwealth against any person or persons charged with
crimes committed without the Land aforesaid, may be
executed therein in the same way & manner as tho'
this cession had not been made & granted.

Approved June 16, 1S00.

1800. — Chapter 18.

[May Session, ch. 18.]

AN ACT TO REPEAL- PART OF AN ACT, ENTITLED, "AN ACT
FOR THE DUE REGULATION OF WEIGHTS & MEASURES."

Be it enacted by the Senate <£• House of Representatives,

in General Court Assembled, & by the authority of the

Partof actregu- same, — That so much of the Act aforesaid, as requires

lating weights , ' , m ., . 1 /-^ • • 1 • 1 ■

and measures that the Treasurers or the several Counties within this
Commonwealth shall provide & keep a Bushel-Measure
as a Standard, be & the same hereby is repealed.

Approved June 16, 1800.

Acts, 1800. — Chapter 19. 27

1800. — Chapter 19.

[May Session, ch. 20.]

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT TO
EMPOWER THE INHABITANTS OF THE TOWN OF SALEM TO
CHOOSE A BOARD OF HEALTH, AND FOR REMOVING AND
PREVENTING NUISANCES IN SAID TOWN," AND FOR REPEAL-
ING PART OF SAID ACT.

Be it enacted by the Senate, and House of Representa-
tives, in General Court assembled, and by the authority
of the same, That no person or persons without first J^^pj^
obtaining permission therefor, from the Board of Health, killed in saiem
chosen, or which shall be chosen, pursuant to the directions dates without
of the act, to which this is an addition, or two members Permi8810D' etc-
thereof, shall kill any sheep or lambs within said town, or
expose to sale within the same, between the first day of
July, and the twentieth day of September, in any year,
the meat of any sheep, or lambs, which shall have been
driven more than five miles within two days next pre-
ceding the day, on which the same shall be killed; and
every person who, without having first obtained such per-
mission, shall, within the Times aforesaid kill any sheep
or lambs, within said town, or shall expose and oner for
sale within the same, the meat of any sheep or lamb
which shall have been driven more than five miles within
two days next preceding the day on which the same were
killed; shall forfeit and pay for each offence twenty Dol-
lars, and the meat of every sheep or lamb, so killed, shall
be forfeited ; and the said Board of Health, or any two
of them, may, and it shall be their duty to seize and
remove the same, and dispose thereof, so as that the
health of the Inhabitants may not be endangered thereby ;
and in any Action or prosecution against the members of
said Board of Health, or either of them, for seizing any
meat of sheep or lambs, by virtue of this act, the plaintiff
or prosecutor shall be held to prove that such sheep or
lambs had not been driven more than five miles within
two days next preceding the day on which the same were
killed, or that the same were killed by the permission of
the Board of Health or two members thereof.

Sec. 2d. Be it further enacted, That any master, or Penalty for
commander of any vessel, who shall enter the harbour of attempting; to
Salem with his said vessel, after notice given to him by foTquar^ntin"
any person or persons whomsoever, that Quarantine has

Acts, 1800. — Chapter 19.

Penalty for
disobeying the
order of the
Visiting Physi-
cian as to
quarantine.

Penalties and
forfeitures to
accrue to the
town of tialem.

been directed by said Board of Health for all vessels com-
ing from the port, or place from which such master or
commander shall have arrived, or who shall falsly, or
fraudulently attempt to elude the directions of the said
Board of Health, by false and unfounded declarations of
the port or place from whence he came, or as to the sick-
ness or deaths which may have happened on board said
vessel, during her then last voyage, or who shall land, or
surfer to be landed from his vessel, any person or apparel,
bedding, goods, or merchandize whatsoever, without the
permission of the said Board of Health, every such master
or commander, shall, upon conviction thereof in manner
and form pointed out in the sixth section of the act to
which this is an addition, forfeit and pay a sum not ex-
ceeding five hundred dollars, or suffer imprisonment for
a term, not exceeding six months, or both at the discretion
of the court having cognizance of the offence.

Sec. 3. Be it further enacted, That whenever the visit-
ing Physician of the Board of Health, shall think it neces-
sary that any vessel should be purified and cleansed and
perform Quarantine, he, or any other person authorized
thereto by the Board of Health, may direct the master or
commander of such vessel to proceed to, and anchor at
such place as the said Board of Health shall have appointed
for cleansing and purifying vessels : And it shall be the
duty of said Physician to apply to the Board of Health,
to direct the time and manner in which such purification
shall take place, and the expences shall be defrayed by
the master, commander, owner or consignee to be recov-
ered by an action of the case in the name of the President
of the Board of Health ; and each and every master, Com-
mander, owner, or consignee of every such vessel, who shall
neglect or refuse to comply with such directions, shall, on
conviction thereof, before the Court of General Sessions
of the Peace be fined, not exceeding one thousand dollars,
or suffer imprisonment for a term, not exceeding six
months, or both, at the discretion of the Court.

Sec. 4th. Be it further enacted. That all pecuniary
penalties and forfeitures, arising from this act, shall accrue
to the use of the town of Salem, and shall be prosecuted
for and recovered by action of debt in the name of the
President of the said Board of Health, in any Court com-
petent to try the same, excepting in those cases in which
it is herein otherways provided : And that the fourth,

Acts, 1800. — Chapters 20, 21. 29

seventh, and ninth sections of the act to which this is an
addition, be, and the same are hereby repealed, excepting
so far as respects the recovery of any fines, or forfeitures
already incurred thereby. Approved June 16, 1800.

1800. — Chapter 20.

[May Session, dh. 21.]

AN ACT FOR THE PRESERVATION, & TO REGULATE THE
TAKING OF FISH IN CROOKED RIVER & S0NG0 RIVER, IN
THE COUNTIES OF YORK & CUMBERLAND.

Be it enacted by the Senate & House of Representatives,
in General Court Assembled, & by the Authority of the
same, That if any person or persons shall make, build or No weir or dam
erect any Weare or Dam in or across either of the said
Rivers, or shall suffer any Weare or Dam to continue or
remain in or across the same, or shall take any Fish in said ^J^^
Rivers, or in any of the Streams or ponds running into or and Oct. except

\ i • i i «i i /• n i r> wltn hook and

connected with the same, in the months ot September & Hue.
October, excepting with a Hook & Line, the person or
persons so offending shall forfeit & pay for each offence,
a Sum not exceeding one hundred Dollars, nor less than
Five Dollars, to be recovered, by Indictment, in any
Court of General Sessions of the Peace in either of the
Counties aforesaid, wherein such offence may be com-
mitted — one half of which sum shall enure to the use of
the Poor of the town where said Offence may be com-
mitted, the other half to him or them who shall prosecute
for & recover the Same. Approved June 16, 1800.

1800. — Chapter 21.

[May Session, ch. 19.]

AN ACT TO CONTINUE IN FORCE AN ACT PASSED IN THE YEAR
OF OUR LORD ONE THOUSAND, SEVEN HUNDRED AND NINETY
SIX, ENTITLED, "AN ACT ESTABLISHING AND REGULATING
THE FEES OF THE SEVERAL OFFICERS & OTHER PERSONS,
HEREAFTER MENTIONED, AND FOR REPEALING THE LAWS
HERETOFORE MADE FOR THAT PURPOSE."

Be it Enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority
of the same, That the said Act be, and hereby is continued Former Act
in force until the first day of June in the Year of our Lord
one thousand eight hundred & one, any thing in that or
any other Act to the contrary notwithstanding.

Approved June 16, 1800.

Acts, 1800. — Chapter 22.

Persons incor-
porated.

Corporate
name.

How to become
a member.

1800. — Chapter 22.

[May Session, ch. 22.]

AN ACT TO INCORPORATE SUNDRY PERSONS IN THE TOWNS
OF ROCHESTER IN THE COUNTY OF PLYMOUTH, AND NEW
BEDFORD, IN THE COUNTY OF BRISTOL, INTO A RELIGIOUS
SOCIETY, BY THE NAME OF THE UNITED BAPTIST CHURCH
AND SOCIETY IN ROCHESTER AND NEW BEDFORD.

Sec 1. Be it enacted by the Senate, and House of
Representatives, in General Court assembled, and by the
authority of the same, That Jesse Tripp, Joshua Snow,
jun., Elias Dexter, Nathan Maxhani, Elizabeth Dexter,
Benjamen Hammond the second, John Dexter, Putnam
Randall, Simeon Randall, Abner Howard, William How-
ard, Joshua Besse, Abraham Tinkhain, Andrew Tinkham,
Benjamen Perkins, Henry Smith, Lemuel Randall, Jesse
Tripp, jun., Benjamen Hammond, the fourth, Silvanus
Westgate, John Simmons, Ebenezer Snow, Thomas Sher-
man, the second, John Winslow, Benjamen Bowles,
Seth Hammond, Jacob Kenny, David Mitchell, John
Holmes, Nathaniel Hammond, Joseph Davis, Nathan
Briggs, Nathaniel Besse, Ephraim Meiggs, Stephen Wing,
Joseph Lovett, James Brownell, Cook Brownell, Jethro
Randall, John Clark, Thomas Ellis, Malachi Ellis, Charles
Tinkham, Samuel Bowles, Samuel Bowles, jun. Asa
Nichols, Reuben Tinkham, John Rouse, Thaddeus Stut-
son, Joseph Snow, David Randall, Clement Randall, John
Beard, John M. Beard, Zephaniah Sherman, Amaziah
Bowles, Henry Higgins, Stafford Hammond, Cephas
Cushman, John Edwards, Isaac Bowles, Silvanus Ham-
mond, Thomas Parlow, Samuel Temple, William Parlow,
David Parlow, Richard Greene, Seth Randall, Samuel
Randall, Paul Winslow, Dorcas Winslow, and William
Shaw, together with such others as may hereafter associate
with them, with their families and estates, be, and they are
hereby incorporated into a religious society, by the name
of, The United Baptist Church and Society in Rochester
and New Bedford, with all the powers, privileges, rights,
and immunities, to which other Parishes are entitled by
the Constitution and Laws of this Commonwealth.

Sec 2. Be it further enacted, That any person living
within either of the said towns of Rochester and New Bed-
ford, of the denomination aforesaid, who may at any time
hereafter, actually become a member of, and unite in re-

Acts, 1800. — Chapter 22. 31

ligeous worship with the said Society, in said Rochester
and New Bedford, and shall give in his, or her name to
the Clerk of the Town, or Parish, to which he, or she
belongs, with a Certificate, signed by the Minister or
Clerk of the said society, that he or she hath actually
become a member of, and united in religious worship with
the said United Baptist Church and Society in Rochester
and New Bedford, fourteen days previous to the Town or
parish meeting therein to be held in the Month of March,
or April annually, shall, from and after giving such Cer-
tificate, with his or her families and estate, be considered
as a member of said Society : Provided however, That such
person shall be held to pay his or her proportion, of all
Monies assessed, or voted in the town or parish, to which
he or she belonged previous to that time.

Sec. 3. Be it further enacted, That when any member how to leave
of said Society shall see cause to leave the same, and unite theB0Ciety-
in religious worship with any other Religious Society in
the town or parish, in which he or she may live, and shall
give in his or her name to the Clerk of the said Baptist
Religious Society, with a certificate, signed by the Minis-
ter, or Clerk of the parish, or other incorporated Religious
Society, with which he, or she may unite, that he or she
hath actually become a member of, and united in religious
worship with such other Parish, or other incorporated Re-
ligious Society, fourteen days previous to their annual
meeting in March or April, and shall pay his, or her pro-
portion of all monies voted in said society, to be raised
previous thereto, such person shall from and after giving
such certificate, with his or her family and estate, be con-
sidered as a member of the said society to which he or
she hath so united.

Sec. 4. Aiidte. it further enacted, That Elisha Rug- First meeting,
gles, Esq. be, and he is hereby authorised to issue his
warrant, directed to some suitable member of the said
Society, qualified to vote in parish affairs, requiring him
to warn the Members of the said society to assemble at
some suitable time and place, as shall be appointed in said
warrant to choose such officers as Parishes are by Law,
empowered to choose in the Month of March, or April
annually, and to transact all other matters and things
necessary to be done for the benefit of said Society, which
other Parishes are authorized by Law to transact.

Approved June 17, 1800.

Acts, 1800. — Chapter 23.

Authorized to
build a bridge

Toll allowed.

1800. — Chapter 23.

[May Session, ch. 23.]

AN ACT AUTHORIZING THE TOWN OF WESTFIELD, IN THE
COUNTY OF HAMPSHIRE, TO BUILD A TOLL BRIDGE, OVER
WESTFIELD GREAT RIVER, NEAR PARK'S MILLS, IN SAID
COUNTY, AND TO ENABLE THE INHABITANTS OF SAID TOWN
TO SUPPORT THE SAME.

Sec 1. Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by the
authority of the same, That the said town of Westfield be,
and they are hereby, authorized and empowered to build
a bridge over Westfield Great River, near Park's Mills.

Sec 2. Be it enacted, That to reimburse the said
Town of Westfield for their expence, in building and sup-
porting the said bridge, a Toll be, and hereby is granted
and established for the use and benefit of the said Town
of Westfield, according to the rules and rates following,
viz : For each foot passenger, one cent ; For one person
and horse, three Cents ; For each horse and chaise sulkey,
or riding chair, one sixteenth of a dollar ; For each sleigh,
sled, or cart, drawn by one horse, or other beast, four
cents ; For each sleigh drawn by more than one horse or
other beast, one sixteenth of a dollar ; For each coach and
other four wheel carriage for conveying persons, one
eighth of a dollar ; For each waggon, cart, sled or other
carriage, drawn by more than one beast, with one driver,
one sixteenth of a dollar ; For neat cattle in a drove, six
cents per dozen ; For horse kind in a drove or lead, six
cents per dozen ; For sheep or swine, three cents per
Gates to be left (|ozen ; And at all times, when the toll gatherer shall not
attend to receive the toll, the gate or gates, if any, shall
be left open and free for passengers ; and the toll shall
commence whenever the bridge shall be fit and safe for
carriages to pass over it, and shall continue to the said
Town for the term of thirty years : Provided nevertheless,
That the General Court shall have a right to alter the rate
of toll after the term of twenty years ; and said bridge
shall be kept in good, safe, and passable repair; and at
the place where the toll shall be received, there shall be
erected, and constantly exposed to open view, a sign
board, with the rates of toll, of all the tollable articles,
fairly and legibly written thereon.

open in absence
of toll-gather
ers.

Toll may be
altered.

Acts, 1800.— Chapter 24. 33

Sec. 3. And be it further enacted, That the said ?jpeec$nn° the
Bridge shall be built of suitable materials, fourteen feet bridge.
wide at least, & railed on each side three feet high ; and
if the said Town shall neglect, for the term of two Years
after passing this Act, to build and complete the said
Bridge, then this act shall be void.

Approved June 17, 1800.

1800. — Chapter 24.

[May Session, ch. 24.]

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS
OF THE TOWNS OF BR00KFIELD & SPENCER, IN THE COUNTY
OF WORCESTER INTO A DISTINCT RELIGIOUS SOCIETY, BY
THE NAME OF THE FIRST BAPTIST SOCIETY IN BROOKFIELD.

Sec. 1. Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by the
authority of the same, That Nicholas Jenks, Lawrence persons incor-
Jenks, Thomas Slayton, Josiah Goodell, Oliver Jenks, porated-
Nathaniel Dodge the second, Jeduthan Stevens, John
Pierce, Shadrach Pierce, Shadrach Pierce, Junr., Daniel
Jenks, Joshua Moor, John Wilcott Junr., Thomas Moor,
junr. Eber Pierce, Ezekiel Baxter, Elisha Doane, Phineas
Slayton, Jude Stevens, Justus Stevens, Roger Stevens,
Roger Stevens junr , Elias Staples, Junr., Nicholas Mc-
Cluer, Silas Stevens, Ezra Benett, Levi Chillson, Isaac
Slayton, Reuben Convers, Reuben Harrington, Stevens
Hatch, Luke Convers, Elisha Drake, Samuel Kingsbury,
Eli Wood, John Stevenson, Clark Hill, David Jenks, Jo-
seph Bennett, Reynolds Bennett, John Bennett, Thomas
Jenks, Jairus Lamb, Job Simmons, Joseph Simmons,
Amos Harrington, Rufus Harrington, Shadrach Hatha-
way, Peter Kendall, Holland Moor, Benjamin Hamilton,
Elijah Slayton, Jonathan Lackey, Nicholas McCluer junr.,
Nathan Doane, Elijah Hearey, Isaiah D. Holbrook, Wil-
liam Guildford, Isaac Kinne, Loammi Harrington, Abra-
ham Lackey and Jeremiah Kinne, together with their
families and estates, together with such others as have, or
may hereafter associate themselves for the same purpose,
in the manner herein after described, be, and they are
hereby incorporated into a Religious Society by the name
of The First Baptist Society in Brookfield, with all the corporate
powers previleges and immunities to which other parishes nan,c'

Acts, 1800. — Chapter 24.

How to become
a member.

How to leave
the society.

First meeting.

are intitled by the Constitution and Laws of this Com-
monwealth, for religious purposes only.

Sec. 2. Be it further enacted. That any person in
either of the said towns of Brookfield or Spencer afore-
said, being of the Baptist denomination aforesaid, who
may, at any time hereafter, actually become a member of,
and unite in religious worship with the Society aforesaid,
and give in his or her name to the Clerk of the town or
parish to which he or she belongs, with a Certificate,
signed by the Minister or Clerk of said Society, that he
or she has actually become a member of, and united in
religious worship with the aforesaid Baptist Society in
Brookfield, fourteen days previous to the town or parish
meetings, therein to be held in the month of March or
April annually, shall, from and after giving such Certifi-
cate, with his or her polls and estates, be considered as
part of said Society. Provided hoicever, That such per-
son shall be held to pay the proportion of all money
assessed in the town or parish to which he or she be-
longed, previous to that time.

Sec. 3. Be it further enacted, That if any member
of said Baptist Society shall at any time see cause to leave
the same, and unite in religious worship with the Parish
in which he may reside, and shall lodge a Certificate of
such his intention with the Clerk or Minister of said Bap-
tist Society, and also with the Clerk of the town or parish
in which he may reside, fourteen days, at least, before the
annual town or parish meeting to be held therein in the
month of March or April, and shall pay his proportion of
all money assessed on said Society previous thereto, such
person shall, from and after giving such Certificates, with
his polls and estates, be considered as belonging to the
town or parish in which he may reside, in the same man-
ner as if he had never belonged to said Baptist Society.

Sec. 4. And be it further enacted, That Thomas
Hale, esq. be, and he is hereby authorized to issue a
Warrant, directd. to some suitable member of said Bap-
tist Society, requiring him to notify and warn the mem-
bers thereof to meet at such time and place as shall be
appointed in said Warrant, to choose such Officers as
parishes in this Commonwealth are by law authorized to
choose in the month of March or April annually.

Approved June 17, 1800.

Acts, 1800. — Chapters 25, 26. 35

1800. — Chapter 25.

[May Session, ch. 25.]

AN ACT TO RENDER VALID THE DOINGS OF THE CORONERS OF
THE COUNTIES OF HANCOCK AND LINCOLN.

Whereas the Coroners of the Counties of Hancock and Preamble.
Lincoln have neglected to give bonds, as the Laio requires,
and yet have served divers Writs and Precepts, and per-
formed other official duties.

Be it therefore enacted by the Senate and House of Rep-
resentatives, in General Court assembled, <& by the Au-
thority of the same, That all Writs & processes, which Doings ren.
have issued from good and lawful authority, directed to andvafki0.
the Coroners of said Counties, and which have been served
and executed by them ; and all Inquests by them taken,
shall be as good and valid, as if the said Coroners had
given bonds to the acceptance of the Court of Common
Pleas, as required by Law, any Law to the contrary not-
withstanding— Provided, That nothing herein contained,
shall be construed to affect any action now pending for
the neglect or omission of any such Coroner.

Approved June 17, 1800.

1800. — Chapter 26.

[May Session, ch. 26.]

AN ACT AUTHORIZING THE UNITED STATES TO PURCHASE A
CERTAIN TRACT OF LAND IN CHARL[£]STOWN FOR A NAVY
YARD.

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority
of the same, That the consent of this Commonwealth be, The united
and hereby is granted to the United States to purchase a fZedtoBpur°r"
tract of Land situated in the northeasterly part of the chase land.
Town of Charlestown, in the County of Middlesex, adjoin-
ing and bounded on two sides by Charles and Mystick
Kivers not exceeding Sixty-five acres, exclusive of flats,
for the purpose of a Navy or Dock yard or both of them,
and erecting magazines, arsenals and other needfull build-
ings : — The evidence of the purchases aforesaid to be
entered and recorded in the Registry of Deeds in the said
County of Middlesex. Provided always, and the consent
aforesaid is granted upon the express condition, That this

Acts, 1800. — Chapter 27.

Concurrent
jurisdiction
retained.

Case of dis-
agreement
between the
agents &
owners.

Common wealth shall retain a concurrent Jurisdiction with
the United States, in and over the tract of Land afore-
said, so far as that all civil and such criminal processes as
may issue under the authority of this Commonwealth,
against any person or persons charged with crimes com-
mitted without the said tract of Land, may be executed
therein in the same way and manner as though this con-
sent had not been granted.

And be it further enacted, That if the Agent or Agents
employed for the United States, and the owner, or owners
of said tract of Land, so to be purchased, cannot agree in
the sale and purchase thereof; such agent or agents may
apply to any Court of General Sessions of the Peace,
which shall be holden within and for the aforesaid County
of Middlesex; which Court, after due notice given to the
said owner or owners, arc hereby impowered, and directed
to hear, and finally determine the value of the same tract
of Land, or any part or portion thereof, by a Jury under
oath, to be summoned by a Sherriff or his Deputy for that
purpose ; or by a Committee of three persons, if the
Parties aforesaid can agree upon them ; and the value
thereof being thus ascertained by the verdict of such Jury,
or the report of such Committee, who are also to be under
oath faithfully, and impartially to value said tract of Land,
or any part or portion of the same, and such verdict or
report being accepted and recorded by said Court, and the
amount thereof being paid or tendered to the owner or
owners of said tract of Land, or to the owner or owners
of any part of said tract of Land, that shall have been
thus valued, with his or her reasonable costs, the said tract
of Land, or such parts of the same as shall be thus valued,
shall forever be vested in the United States, and shall and
may be by them taken, possessed and appropriated to the
purposes aforesaid. Approved June 17, 1800.

Preamble.

1800. — Chapter 27.

[May Session, ch. 27.]

AN ACT FOR SETTING OFF JONATHAN KINGSBERY, JUNR., AN
INHABITANT OF THE WESTERLY PRECINCT IN NEEDHAM, IN
THE COUNTY OF NORFOLK, & ANNEXING HIM & HIS ESTATE
TO THE EASTERLY PARISH IN SAID NEEDHAM.

Whereas Jonathan Kingsbery, junr. living ivithin the
Westerly Precinct in Needham, in the County of Norfolk,

Acts, 1800. — Chapter 28. 37

has represented to this Court, that it is very inconvenient
for him to attend the Public Worship of God in the said
Westerly precinct, & praying that he may be annexed to
the Easterly Parish in Needham.

Be it therefore enacted by the Senate & House of Repre-
sentatives, in General Court Assembled, & by the Authority
of the same, That the said Jonathan Kingsbery, junr. &
his Estate, belonging to the said Westerly Precinct, be,
& hereby is set off from the said Precinct & annexed to
the said Easterly Parish ; Provided nevertheless, That the to pay taxes
said Jonathan Kingsbery, junr. thus annexed to the said anTws p1op8or-
Easterly Parish, shall be holden to pay all Taxes assessed ^VbT""
against him in the said Westerly Precinct prior to passing m»de.
this Act, in the same way & manner as he was before holden
to pay the same — Provided also, That the said Kingsbury
shall be holden to pay his proportion of Three hundred
dollars remaining yet to be assessed by said Westerly
Precinct, to compleat the sum agreed by them to be paid
to the Revd. Thomas Noyes for his settlement with them
in the work of the Gospel Ministry, in the same manner
as if this Act had not been passed.

Approved June 17, 1800.

1800. — Chapter 28.

[May Session, ch. 28.]

AN ACT TO ASCERTAIN THE QUALITY OF HOG'S-LARD, AND
MAKING FURTHER PROVISION FOR THE INSPECTION OF
BUTTER.

Sec. 1. Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by the
Authority of the same, That the Inspector-General, and }"u8£eft°0r£ef
Deputy-Inspector, appointed, or to be appointed by virtue inspector of
of the Act, entitled, " An Act to ascertain the quality of same'reguhl-
Butter, and for the more effectual inspection of the same," tl0U8'
shall also be Inspectors of Hogs-Lard, and the several fees
for inspection, tines, forfeitures, rules and regulations, for
the exportation of Butter, mentioned in the said Act, shall
extend to, and be the same for, and respecting the shipping
of Hog's-Lard packed for exportation, agreeably to the
directions of this Act.

Sec. 2. Be it further enacted, That all Hog's lard Lard to be in.

i • /^i ii iiii • i spected, packed,

exported from this Commonwealth, shall be inspected, etc. like Butter.
examined, branded and packed in Kegs, in the same man-

Acts, 1800. — Chapter 29.

Small kegs of
Butter may be
branded.

Penalties for
exporting But-
ter or Lard
not inspected.

Penalty for
refusing to
assist Officers.

ner as is directed in the Act for the inspection of Butter,
herein beforenamed .

Sec. 3. Be it further enacted, That the several In-
spectors of Butter and Hog's-Lard, may inspect and brand
Kegs of Butter of the following sizes, when thereto re-
quested ; Viz. Kegs twelve inches long, & seven and an
half inches diameter in the heads ; or ten inches long,
with six inches head.

Sec. 4. And be it further enacted, That if any person
or persons shall export, or ship for exportation out of this
Commonwealth, any Butter or Hog's-Lard, not inspected
and branded, as by this Act, and the Act herein before
named, to ascertain the quality of Butter, they are
directed, every such exporter or shipper, and the master
of every vessel having on board such uninspected Butter
or Lard, shall, on conviction thereof, respectively forfeit
and pay the sums following : The owner or exporter shall
forfeit and pay the sum of one Dollar ; and the master of
every vessel having the same on board, the sum of fifty
Cents, for each cask exported, or shipped for exportation.
And it shall be the duty of any Justice of the Peace, upon
any information given of any Butter, or Hog's-Lard being
put on board any vessel as aforesaid, not inspected and
branded as required by this Act, or the said Act to ascer-
tain the quality of Butter, to issue his Warrant directed
to the Sheriff or his Deputy, or to a Constable, requiring
them respectively, to make seizure of any such Butter or
Hog's-Lard, not marked and branded as aforesaid, and
to secure the same in order for trial ; and said Officers
are hereby respectively required and empowered to exe-
cute the same ; and it shall be the duty of every person,
when required, to give the necessary aid for that purpose,
on pain of forfeiting five Dollars for his refusal.

Approved June 17, 1S00.

Salary.

1800. — Chapter 29.

[May Session, ch. 29.]

AN ACT MAKING COMPENSATION TO THE SOLICITER-GENERAL
OF THIS COMMONWEALTH, FOR HIS SERVICES.

Sec. 1. Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by the
authority of the same, That there shall be allowed and
paid out of the Treasury of this Commonwealth, annually,

Acts, 1800. — Chapter 30. 39

the sum of One thousand Dollars, to the Soliciter-General,
when appointed, in full compensation for his services, to
be paid in quarterly payments, as the same shall become
due.

Sec. 2. And be it further enacted by the Authority
aforesaid, That in all bills of costs in criminal prosecutions Fees.
before the Supreme Judicial Court, in this Commonwealth,
wherein the Soliciter-General shall be concerned, the sum
of two Dollars and fifty Cents shall be taxed for his fees,
without any allowance for travel ; and all fees, thus re-
ceived by the said Soliciter-General, shall be accounted
for by him annually, with the Treasurer of this Common-
wealth. And in all bills of costs, where the said sum of
two Dollars and fifty Cents shall be taxed for the Soliciter-
General, the same sum shall not be again taxed for the
fees of the Attorney General, any thing in the Act, in-
titled, "An Act making compensation to the Attorney
General of this Commonwealth for his services," to the
contrary notwithstanding. Approved June 17, 1800.

1800. — Chapter 30.

[May Session, ch. 30.]

AN ACT IN ADDITION TO AN ACT, INTITLED, " AN ACT ESTAB-
LISHING THE FIFTH MASSACHUSETTS TURNPIKE CORPO-
RATION."

Whereas it is provided in said. Act, that the Road shall Preamble.
begin at Northfield, and be made through Warwick,
Orange, Athol, Gerry, Templeton, and Gardner to West-
minster meeting-house, and thence to Leominster ; and it
is represented to this General Court, by said Corporation,
that great inconveniences will arise to the Travellers, if the
Road should be laid out and made by said meeting house;

Therefore be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the author-
ity of the same, That when every other part of said lioad Gates m*y °e
shall be finished to the approbation of the Committee of part of the'^ad
the Court of General Sessions, as is provided in said Act, l8hni8hed-
except about three fourths of a mile nowr in dispute in the
town of Westminster, the Corporation shall be authorized
to erect Gates, and demand the Toll : Provided, however,
That the said peice of Road, in dispute, shall be finished
within six Months after the decision of the General Court
respecting the alteration prayed for by the Corporation.

Approved June 17, 1S00.

Acts, 1800. — Chapter 31.

Penalty for
refusing to
warn members.

Who is to
prosecute.

Part of former
Act repealed.

1800. — Chapter 31.

[May Session, ch. 31.]

AN ACT IN FURTHER ADDITION TO AN ACT, UNTITLED, "AN
ACT FOR REGULATING AND GOVERNING THE MILITIA OF THE
COMMONWEALTH OF MASSACHUSETTS, AND FOR REPEALING
ALL LAWS HERETOFORE MADE FOR THAT PURPOSE," EX-
CEPTING AN ACT, ENTITLED, "AN ACT FOR ESTABLISHING
RULES AND ARTICLES FOR GOVERNING THE TROOPS STA-
TIONED IN FORTS AND GARRISONS WITHIN THIS COMMON-
WEALTH; AND ALSO THE MILITIA WHEN CALLED INTO
ACTUAL SERVICE;" — AND FOR REPEALING THE TWENTY
THIRD SECTION OF THE ACT IN ADDITION TO THE ACT
AFORESAID, PASSED ON THE FOURTH DAY OF MARCH, IN
THE YEAR OF OUR LORD, ONE THOUSAND AND EIGHT
HUNDRED.

Sec 1. Be it enacted by the Senate and House of
Representatives, in General Court assembled, qnd by the
Authority of the same, That every non-commissioned Offi-
cer, or other person, who shall neglect or refuse to give
any warning required by the aforesaid additional Act,
when ordered thereto by the commanding Officer, as in
said additional Act is mentioned, by his Warrant under
his hand, or when commanded to do & perform the duty
prescribed in the seventeenth section of the aforesaid
additional Act, shall, for every such offence, forfeit and
pay a fine of twenty Dollars ; one moiety thereof to the
Clerk of the Company who shall prosecute for the same,
the other moiety to the commanding Officer of said Com-
pany, in trust for the use of said Company. And when
there shall not be any Clerk in such Company, then it
shall be the duty of the Brigade Inspector, or in case of a
vacancy in that office, then of the Adjutant General, to
prosecute for said fine, in which case one half thereof shall
be to the use of the Officer who shall prosecute for the
same, and the other half to the Commonwealth.

Sec 2. And be it further enacted, That the twenty
third section of the additional Act aforesaid, be, and the
same hereby is repealed, except so far as respects the
recovery of any fines or forfeitures already incurred
thereby. Approved June 17, 1800.

Acts, 1800. — Chapters 32, 33. 41

1800. — Chapter 32.

[May Session, ch. 32 ]

AN ACT TO AUTHORIZE THE USE OF THE VIBRATING STEEL-
YARD.

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority
of the same, That from and after the passing of this Act, useofvibrat-
the Vibrating Steelyard, invented by Benjamin Dearborn, authorized!
be permitted to be used in all cases of weighing through-
out this Commonwealth ; provided, that before being Proviso.
offered for sale, or the same shall be used, each beam,
and the poizes thereof, shall be sealed by some public
Sealer of Weights and Measures, appointed according to
law. Approved June 17, 1800.

1800. — Chapter 33.

[May Session, ch. 33.]

AN ACT ALTERING THE TIME FOR HOLDING THE COURTS OF
GENERAL SESSIONS OF THE PEACE AND COMMON PLEAS,
WITHIN AND FOR THE COUNTY OF WORCESTER.

Sec 1. Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by the
Authority of the same, That the Courts of General Ses- Time of holding
sions of the Peace and Common Pleas, which by Law are
to be holden at Worcester, within and for the County of
Worcester, on the Monday next preceeding the last Tues-
day of August annually, shall be holden at the same place
on the Monday next preceding the second Tuesday of
August annually instead of the Monday next preceding
the last Tuesday of August aforesaid.

Sec 2. Be it further enacted, That all actions, suits, ah writs, &c.

., . , . i n returnable

writs, processes, precepts, appeals, recognizances, and all agreeable to
matters whatsoever, already commenced, sued out, or thls alteratlon-
pending in said Courts, or that hereafter may be com-
menced, sued out, or returnable to either of the Courts
aforesaid, on the Monday next preceeding the last Tuesday
of August next, and all actions, suits, processes, recogni-
zances and prosecutions of every kind, now pending, or
that may be pending before either of the Courts afore-
said, which before the passing of this Act were to have
been holden on the Monday next preceeding the last Tues-
day of August next, shall be returnable to, entered, made,

42 Acts, 1800. — Chapters 34, 35.

proceeded upon, prosecuted, had, and determined agree-
ably to the true intent of such actions, writs, suits, proc-
esses, appeals, recognizances and prosecutions, before the
said Court, to be holden by virtue of this Act at said
Worcester, on the said Monday next preceding the said
second Tuesday of August next.

Approved June 17, 1800.

1800. — Chapter 34.

[November Session, ch. 2.]

AN ACT IN ADDITION TO AN ACT FOR ESTABLISHING A COR-
PORATION BY THE NAME OF "THE FIFTH MASSACHUSETTS
TURNPIKE CORPORATION."

Whereas by said Act the Corporation are confined to
place one of the Gates at, or near the line between the
towns of Gardner and Westminster, & the peculiar situa-
tion of the ground and roads rendering it very inconvenient
to erect a, Gate at, or near said line :

Be it therefore Enacted by the Senate and House of

Representatives, in General Court assembled, and by the

corporation authority of the same, That the said Corporation be, and

ere™ '"certain hereby are authorized to erect said Gate in any convenient

fnGarYneT!1616 place in the town of Gardner, so as not to interrupt the

most direct road leading from Gardner Meeting House

to Westminster Meeting-House, any thing in the Act to

which this is in addition notwithstanding.

Be it further Enacted by the Authority aforesaid, That
said Corporation be authorized to erect the Gates and re-
ceive toll, conformable to the incorporating Act, and this
Act from the fifteenth day of December to the fifteenth
day of March next, then said Gates to remain open, and
no toll exacted untill said road be fully completed and
accepted. Approved November 15, 1800.

A temporary
toll allowed.

1800. — Chapter 35.

[November Session, ch. 1.]

AN ACT IN ADDITION TO, AND FOR THE AMENDMENT OF, AN
ACT, ENTITLED, "AN ACT FOR ESTABLISHING A CORPORA-
TION, BY THE NAME OF THE SIXTH MASSACHUSETTS TURN-
PIKE CORPORATION."

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority

Acts, 1800. — Chapter 36. 43

of the same, That it shall be in the discretion of the said SK™^11
Sixth Massachusetts Turnpike Corporation, to erect the erect the gates

Wil(M"6 tll6V

five Toll Gates, allowed them in the Act to which this is think best.
in Addition, at such places as in their judgment, shall be
most conducive to the Public convenience, and the benefit
of the said Corporation. Provided, That three of the
said Gates shall be erected to' the Westward of the road
leading from Barre to the said Turnpike in the town of
Rutland, and that the situation of all the said Gates shall
be approved of by the Committee, who are or may be
appointed in pursuance of the said Act, for the purpose
of viewing and approving the said Road.

Approved November 15, 1800.

1800. — Chapter 36.

[November Session, ch. 3.]

AN ACT TO INCORPORATE THE PLANTATION CALLED NEW SUN-
C00K, IN THE COUNTY OF YORK, INTO A TOWN BY THE
NAME OF LOVELL.

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, That the Plantation of New Suncook, in the Loveii
County of York, bounded as follows, vizt., Beginning at a incorP°rated-
Stake & Stones, in the East corner of Fryeburg and the
North West corner of Bridgton, thence running North,
forty six and an half degrees West, one thousand, eight
hundred and sixty-five rods, to a Stake and Stones by
Fryeburg line ; thence North, fifteen degrees East, three
hundred and fifty rods, to Keazer Pond to a Birch tree
marked ; thence by said Pond to a large Stone marked ;
thence North, forty-five degrees West, seventy-six rods
to a Maple tree marked ; thence North, twenty degrees
AVest, Eight hundred and twenty-five rods, to a Norway
pine tree marked ; thence North, seventy eight degrees
East, One thousand six hundred and fifty rods, to a Birch
tree marked ; thence South, twenty degrees East, three
thousand two hundred and twenty-five rods, to a Pine tree
standing on Bridgtown line ; thence South, sixty-seven
degrees West, one thousand, nine hundred and ninety-six
rods to the first bound, with the Inhabitants thereon, be,
and they hereby are incorporated into a Town by the
name of Lovell : And the said Town is hereby Vested

Acts, 1800. — Chapter 37.

First meeting.

with all the Powers, priviledges and immunities which
other Towns in this Commonwealth do or may by Law
enjoy. _

Be it further enacted, That Moses Ames, Esquire, be,
and he hereby is impowered to issue his warrant, directed
to some suitable Person within said Town, requiring him
to warn a meeting of the Inhabitants thereof, at such time
and place as shall be exp[r]essed in said Warrant, for the
purpose of choosing such town Officers as other towns
are impowered to choose in the month of March or April
annually. Approved November 15, 1800.

Strong incor-
porated.

1800. — Chapter 37.

[January Session, ch. 1.]

AN ACT TO INCORPORATE THE PLANTATION HERETOFORE
CALLED NUMBER THREE, OR REEDSTOWN, ON THE WEST
SIDE OF KENNEBECK RIVER, IN THE COUNTY OF KENNE-
BECK, INTO A TOWN BY THE NAME OF STRONG.

Sec. 1. Be it enacted by the Senate and House of Rep-
resentatives in General Court assembled, and by the author-
ity of the same, That the township known by the name of
Reedstown, or Number Three, lying on the west side of
Kennebeck river in the County of Kennebeck, with the
inhabitants thereon, be, and hereby are incorporated into
a town by the name of Strong, by the following bounds,
viz : Beginning at a hemlock tree, the south west corner
of Number Two ; thence running west on the north line
of a Township granted to Reuben Colburn and others,
four miles and three quarters and sixteen rods, to the
northwest corner of said Colburn's Township, to a rock
maple, (a birch tree and heap of stones being the corner
bounds of said Township Number Three, and the Town-
ship granted to said Colburn;) thence north, seven miles
and ninety four rods, to a spruce tree marked for the
northwest corner of said Township Number Three ; thence
east, four miles and two hundred fifty-six rods, to an ash
tree, making the north-west corner of township Number
Two ; thence south by the west line of said Township
Number Two, to the first-mentioned bound. And the
said town is hereby vested with all the powers, privi-
ledges and immunities, which other towns do, or may
enjoy by the Constitution and Laws of this Common-
wealth.

Acts, 1800. — Chapters 38, 39. 45

Sec. 2d. And be it further enacted, That William First meeting.
Read, Esqr. be, and he is hereby authorized to issue his
Warrant, directed to some suitable inhabitant of the said
town, requiring him to notify and warn the inhabitants
thereof, to meet at such time and place as shall be ap-
pointed in said Warrant, to choose all such Officers as
towns are by Law required to choose in the months
of March or April annually.

Approved January 31, 1801.

1800. — Chapter 38.

[January Session, ch. 2.]

AN ACT TO ALTER THE TIMES AND PLACES FOR HOLDING THE
COURTS OF GENERAL SESSIONS OF THE PEACE, AND COURTS
OF COMMON PLEAS, IN THE COUNTY OF CUMBERLAND.

Be it enacted by the /Senate and House of Representa-
tives, in General Court assembled, & by the authority of
the same. That after the next March terms of the Courts
aforesaid, the times and places for holding the said Courts
shall be as follows, viz. at Portland within and for the
County aforesaid, on the third Tuesday of June and Feb-
ruary annually ; and at New Glocester, within and for
said County, on the third Tuesday of October annually,
any Law to the contrary notwithstanding.

Approved February 6, 1801.

1800. — Chapter 39.

[January Session, ch. 3.]

AN ACT IN ADDITION TO AN ACT PASSED THE NINETEENTH
DAY OF FEBRUARY, ANNO DOMINI ONE THOUSAND SEVEN
HUNDRED AND NINETY NINE, ENTITLED, "AN ACT CON-
CERNING THE PROPRIETORS OF LEBANON."

Whereas in and by said Act, said Proprietors are
authorized and empowered to act in their corporate capac-
ity, for the term of livo years from the passing said act,
which term is nearly expired, and has not proved sufficient
to answer the purposes contemplated in the same :

Be it enacted by the /Senate & House of Representatives,
in General Court assembled, and by the authority of the
same, That the said Proprietors be, and hereby are author-
ized and empowered to continue to act in their corporate
capacity for the term of two years,, from the eighteenth

46 Acts, 1800. — Chapter 40.

day of February current, for the purpose of doing and
suffering all such matters and things as they might have
done and suffered in their corporate capacity, any law to
the contrary notwithstanding.

Approved February 10, 1801.

1800. — Chapter 40.

[January Session, ch. 4.]

AN ACT TO INCORPORATE CERTAIN PERSONS FOR BUILDING A
BRIDGE OVER BELFAST RIVER, IN THE COUNTY OF HANCOCK.

Whereas a Bridge over Belfast River, in the County of
Hancock, will be of Public utility, and William Cunning-
ham and others, have petitioned this Court to be incorpo-
rated for Erecting the same.

Sect. 1st. Be it enacted by the Senate and House of
Representatives , in General Court assembled, and by the

kfcor "orated Authority of the same, That William Cunningham, Jona-
than Wilson, William Patterson, Ephraim McFarland,
Samuel Russell, Robert Patterson the Second, Abner G.
McKeen, Nathaniel Patterson, Ephraim McKeen, Jacob
Eames, R. B. Cochran & John S. Osborn, together with
those who may hereafter associate with them, be, and they
are hereby incorporated into a body politic, by the name
of the Belfast Bridge Company, for the purpose of build-
ing and maintaining: a Bridge over the River in the town of
Belfast, in the said County, at the upper ferrying place,
one mile from the mouth of said River ; and as such, they
may sue and be sued, may appoint one or more Agents
or Attorneys, to prosecute or defend them, and may have
and keep one Common Seal which thejr may alter, break
or change at pleasure.

Rate of ton. Sect. 2nd. Be it further Enacted, That for reimburs-

ing to the said William Cunningham and Others, before-
named, and their associates, the money they may expend
in building and supporting the said Bridge, a toll is hereby
granted and established, for the sole benefit of the said
William Cunningham and others, before-named, and their
Associates, according to the rates following, to wit: —
For each foot passenger, Three cents — For each Man and
Horse, Twelve Cents & five milles — For each Horse and
Chaise, sulkey or Riding Chair, Twenty-five Cents — For
each Sleigh or Sled drawn, by one beast, Twelve Cents &

Acts, 1800. — Chapter 41. 47

five milles — For each Sleigh, Sled, Waggon or Cart,
drawn by two beasts, Twelve Cents & five milles ; —
For each Sled, Cart or Waggon drawn by more than two
beasts, Seventeen Cents — For neat Cattle in Droves or
Single, Two Cents each — For Sheep or Swine, One Cent
each.

Sect. 3d. Be it further Enacted, That the said Bridge Directions for
shall be well-built, of good and suitable materials, at least Bridge & keep-
twenty feet wide, with sufficient rails on each side for the ing u ln repair-
safety of passengers, and be provided with a Draw of suffi-
cient width for Vessels to pass through ; and the Proprie-
tors shall keep the said Bridge, in good, safe and passable
repair. And if the said Corporation should unreasonably
neglect to keep said Bridge in good repair, as aforesaid,
on such neglect being made to appear to the Court of Gen-
eral Sessions of the Peace for the County of Hancock, it
shall be in the power of said Court to prohibit the Pro-
prietors aforesaid from receiving toll from any person or
persons, passing said Bridge, untill it is by them put into
such repair as shall be deemed sufficient by the said Court.
And the said toll shall Commence whenever said Bridge
shall be fit and safe for Carriages to pass over it, and
shall Continue to said Corporation and their Successors,
for the term of twenty years from the passing of this Act,
subject to alterations by the General Court.

Sect. 4th. And be it further Enacted, That if the to be bum
said William Cunningham, & others beforenamed, and ^ears.
their associates, shall neglect, for the term of two Years,
to build said Bridge, then this Act shall be void.

Approved February 10, 1801.

1800. — Chapter 41,

[January Session, ch. 6.]

AN ACT TO INCORPORATE THE PLANTATION OF LITTLEBOROUGH,
IN THE COUNTY OF KENNEBECK, INTO A TOWN BY THE NAME
OF LEEDS.

Sect. 1. Be it Enacted by the Senate and House of
Representatives, in General Court assembled, and by the
Authority of the same, That the plantation heretofore Leeds incor
called Littleborough, in the County of Kennebeck, as des- porated-
cribed within the following bounds, Vizt. Beginning at
the Northwest corner of Greene, thence riming Northerly
on the Great Amariscoggin River, to the line of Liver-

Acts, 1800. — Chapter 42.

First meeting.

more, thence Easterly on the Southerly line of said Liver-
more, till it strikes the line of Wayne, thence Southerly
by the line of Monmouth to Greene, thence Northwest to
the bounds first mentioned, together with the Inhabitants
thereon, be and hereby are incorporated into a Town by
the name of Leeds. — And the said Town is hereby vested
with all the powers, privileges and immunities, which
other towns, do or may enjoy by the Constitution and
Laws of this Commonwealth.

Sect. 2. And be it further Enacted, That John Chand-
ler, Esqr. be, & he is hereby empowered to issue his
Warrant, directed to some suitable Inhabitant of the said
town of Leeds, requiring him to notify and warn the In-
habitants thereof, qualified to Vote in town Affairs, to
meet at such time and place, as shall be expressed in said
Warrant, to choose all such Officers as towns are by Law
required to choose in the month of March or April an-
nually. Approved February 16, 1801.

Persons set off
and provision
respecting taxes
and the poor.

1800. — Chapter 42.

[January Session, ch. 6.]

AN ACT FOR SETTING OFF JACOB BASSETT, AND OTHERS, FROM
THE TOWN OF SUTTON, TO THE TOWN OF NORTHBRIDGE.

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority
of the same, That Jacob Bassett, Sarah Carpenter, Elisha
Putnam, James Prentice, Calvin Prentice, Joshua Bassett,
Alvin Bassett, Stephen Goldthwait, Jehu Bartlet, Abner
Adams & James Taylor, with their respective families
and estates, be, and hereby are set off from the town of
Sutton, in the County of Worcester, and annexed to the
town of Northbridge, in the same County, and shall for-
ever hereafter be considered as part of said town of North-
bridge, there to do duty & receive privileges, as other
inhabitants of said town of Northbridge. Provided never-
theless, That the beforenamed persons, with their estates,
so taken from the said town of Sutton, and annexed to the
said town of Northbridge, shall be holden to pay all taxes
already legally assessed on them by said town of Sutton ;
& shall also be held to pay their proportionable part of all
such State and County taxes as shall hereafter be laid on
said town of Sutton previous to the settlement of another
valuation of this Commonwealth : And Provided also,

Acts, 1800. — Chapter 43. 49

That any person having heretofore owned & resided on
any of said lands, who by force of any Law in this Com-
monwealth, in virtue of such ownership and residence,
has now a legal settlement in said town of Sutton, shall
hereafter, in case he should become poor and need sup-
port, be relieved and supported by, and at the expense of
the said town of Northbridge.

Approved February 17, 1801.

1800. — Chapter 43.

[January Session, ch. 7.]

AN ACT TO ALTER AND DETERMINE THE TIMES AND PLACES
FOR HOLDING THE COURTS OF GENERAL SESSIONS OF THE
PEACE, AND COURTS OF COMMON PLEAS, WITHIN AND FOR
THE COUNTY OF LINCOLN; AND FOR REPEALING THE SEV-
ERAL LAWS HERETOFORE MADE FOR THAT PURPOSE.

Sec. 1. Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by the
authority of the same, That all the Laws heretofore made, Laws repealed,
and now in force, for determining the times & places for
holding the Courts of Common Pleas, and Courts of Gen-
eral Sessions of the Peace, within and for the said County
of Lincoln, so far as respects the times and places of hold-
ing the said Courts, be, and they hereby are repealed.

Sec. 2. Be it further enacted, That the times and J^{^
places for holding the said Courts of Common pleas and courts.
Courts of General Sessions of the Peaoe, within and for
the said County of Lincoln, shall hereafter be as follows,
viz. At Warren on the second Monday of January ; at
Pownalborough on the second Monday of May ; & at
Topsham on the fourth Monday of August annually.

Sec. 3. Be it further enacted, That all actions, suits, Provision reia-
writs, processes, appeals and recognizances, already taken, commenced,
commenced, sued out or made; or that hereafter may be
commenced, sued out, or made returnable to the Courts
aforesaid at Pownalborough, on the first Tuesday of June
next ; and all actions, suits, processes, recognizances and
prosecutions of every kind, now pending, or that may be
pending in either of said Courts, which were to have been
holden on said first Tuesday of June next, shall be return-
able to, entered, proceeded upon & tried before the said
Courts to be holden by virtue of this Act at said Pownal-
borough on the second Monday of May next. Provided,

Acts, 1800. — Chapter 44.

That all suits, processes, recognizances, and prosecutions
that have been or may be commenced and made returnable
to the Courts that were to have been holden at Pownal-
borough on the first Tuesday of June next, shall be con-
tinued to the next terms of said Courts, unless the parties
agree that the cause in which they are interested, shall be
proceeded on and have day in said Courts to be holden
on the second Monday of May next.

Approved February 17, 1801.

Towns ex-
empted from
appointing
certain grand
jurors.

1800. — Chapter 44.

[January Session, ch. 8.]

AN ACT FOR RELIEVING THE COUNTY OF SUFFOLK IN THE
CHOICE AND SERVICE OF JURORS, AND FOR FURTHER REGU-
LATING THE ADMINISTRATION OF JUSTICE THEREIN.

Preamble. Whereas the number of Grand Jurors now by law to be

chosen by the Towns in the County of Suffolk is unneces-
sarily inconvenient and burdensome,

Sect. 1. Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by the
Authority of the same, That from and after the passing
of this Act the several Towns in the said County be, and
they are hereby exempted from appointing annual Grand
Jurors to serve at the Court of General Sessions of the
peace to be held therein, or at the Municipal Court for
the Town of Boston, and from appointing Petit Jurors to
serve at the said Court of Sessions, as heretofore by law
required : and such Jurors as may have been before ap-
pointed and shall be then liable to serve as aforesaid shall
be discharged from the said Services from and after the
last day of April next.

Sect. 2. Be it further enacted, by the authority afore-

The grand jury said, That such Jurors as are now appointed or may here-

oourtetoUattend after be appointed by the Town of Boston, to serve on the

municipal court. (jran(j Jury at the Supreme Judicial Court within and for

the said County of Suffolk, shall be summoned and shall

attend the Municipal Court for the Town of Boston by

law to be holden within and for the said Town, from and

after the said last day of April next, untill other Grand

Jurors are appointed & returned to serve at the Supreme

Judicial Court in the County aforesaid, And are hereby

vested with all the powers given by the Constitution and

Laws of this Commonwealth to Grand Jurors, touching

Acts, 1800. — Chapter 44. 5l

all matters within the jurisdiction of the said Municipal

Court : and that the Petit Jurors, who are or shall here- The petit jury

after be appointed in the Town of Boston, to serve in the comm0Cn pleas

Court of Common Pleas in said County, and who shall not municfpiiconrt.

be less than fifteen in number, shall also be appointed for

and returned to the said Municipal Court : and it shall be

their duty to attend the said Municipal Court and to serve

in all causes where by law trial by jury may be required,

and until another Petit Jury be appointed for the said

Court of Common Pleas, and the said Petit Jurors shall

be summoned accordingly. And the said Grand Jurors

and Petit Jurors shall receive for their services in the said

Municipal Court the like compensation and in like manner

as such Jurors are now by law intitled to at the Court of

Sessions.

Sect. 3. Be it further enacted by the authority afore-
said, That the Supreme Judicial Court to be by Law supreme court
holden within and for the said County of Suffolk shall zanc7ofC°frTain
have cognizance and Jurisdiction of all crimes and other actlons-
matters heretofore cognizable by the said Court of Ses-
sions, and triable by a Jury, the Causes of which may
arise in any other part of the County of Suffolk, than the
Town of Boston ; And that all appeals from the judgments
of Justices of the Peace, in Criminal matters happening
within the said Town of Boston, and which might have
heretofore been made to the said Court of General Ses-
sions of the Peace, shall be made to & be cognizable by
the said Municipal Court.

Sect. 4. Be it further enacted, by the authority afore-
said, That the Precepts of the said Municipal Court may precepts of
be directed to all such Officers, and run into any Counties S^ffuSS?
within this Commonwealth, that Precepts from the said counties, &c.
Court of General Sessions of the Peace might by law :
and that the Grand and Petit Jurors appointed and sum-
moned to attend at the said Municipal Court shall be Sub-
ject to the same penalties for non-attendance as such
Jurors are now respectively subject to by law for not
attending at the Court of General Sessions of the Peace.

Sect. 5. And be it further enacted, by the Authority
aforesaid, That the terms now by law established for hold- £be0rfX8d<;88lonB
ing the said Municipal Court on the first Mondays of March
and September, annually, be, and hereby are abolished.

Approved February 17, 1801.

Acts, 1800. — Chapter 45.

Part i
law :

Times for
holding courts.

1800. — Chapter 45.

[January Session, ch. 9.]

AN ACT FOR ALTERING THE TIMES FOR HOLDING CERTAIN
COURTS IN THE COUNTY OF KENNEBECK.

Sec. 1st. Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by the
of a former authority of the same, That so much of the third Section
of an Act, entitled, "An Act to divide the County of
Lincoln, and to constitute the northerly part thereof a
seperate County, by the name of the County of Kenne-
beck," as relates to the times of holding the Courts of
General Sessions of the Peace, and Courts of Common
Pleas in said County of Kennebeck, be, and the same is
hereby repealed ; and that there shall be held and kept at
Augusta, within and for said County of Kennebeck, a
Court of General Sessions of the Peace, and a Court of
Common Pleas, on the second Tuesday of May next ; and
that after the said next term of the Court of General Ses-
sions of the Peace & Court of Common Pleas to be holden
on the second Tuesday of May next, there shall be held
and kept at Augusta, within and for the said County of
Kennebeck, a Court of General Sessions of the Peace,
and a Court of Common Pleas, on the third Tuesday of
March and August annually, and also a Court of Common
Pleas on the second Tuesday of December annually.

Sec' 2. Be it further enacted, That all appeals made,
and recognizances taken, or that may be taken, before the
second Tuesday of May next, either to the Court of Gen-
eral Sessions of the Peace, or Court of Common Pleas,
shall be considered to all intents and purposes, as if the
same had been made to the said Courts respectively to
have been holden on the second Tuesday of May, as afore-
said, and shall be therein entered, have day, and be acted
upon accordingly ; and that all writs and processes served,
or which may be served fourteen days before the said
second Tuesday of May, returnable to the said Court of
Common Pleas, which was to have been holden in and for
said County on the second Tuesday of June next ; and all
processes returnable to the said Court of General Sessions
of the Peace, which was to have been holden within and for
said County on the first Tuesday of June next, which may
be served in due season, before the said second Tuesday

Provision rela-
tive to appeals
and recogni-
zances.

Writs and
processes.

Acts, 1800. — Chapter 46. 53

of May next, shall respectively be returnable to, have day

in, and be acted upon in the same manner, as if they were

made respectively returnable to said Courts, to be holden

on the second Tuesday of May next, as aforesaid. And

all matters and things now depending in either of said

Courts, and which stand continued to the terms thereof,

which were to have been holden on the first Tuesday of

June next, shall have day, and be acted upon in said

Courts respectively, now to be holden on the second

Tuesday of May next, in the same manner, as if said

Courts had originally been appointed to be holden at that

time : Provided however, That on all writs and processes continuance

whatsoever, commenced or issued and returnable to the may egrante ■

term which was to have been holden in said County in

June next, where there shall be no appearance on the part

of the defendants, and where the defendants shall appear

& move for a continuance to the then next term of said

Court to be holden in said County, the Court shall direct

and grant a continuance as of course.

Sec. 3. And be it further enacted, That the Jurors jurors to serve
returned to serve at the Court of Common Pleas in said e^ons.0
County of Kennebeck, shall be liable to serve as Jurors
of the Court of General Sessions of the Peace in the same
manner as if they had been returned for the Court of
General Sessions of the Peace as the Law directs, any Law
to the contrary notwithstanding.

Approved February 17, 1801.

1800. — Chapter 46.

[January Session, ch. 10.] I

AN ACT TO INCORPORATE AND' ESTABLISH A SOCIETY BY THE
NAME OF THE KENNEBECK AGRICULTURAL SOCIETY.

Whereas important advantages may arise to the Com- Preamble.
munity from instituting a Society, for the purpose of pro-
moting Agriculture in the district of Maine; and divers
persons having petitioned to this Court to be incorporated
into a Society for that purpose:

Sect. 1. Be it Enacted by the Senate and House of
Representatives, in General Court assembled, and by the
Authority of the Same, That the said petitioners, vizt. Persons incor-
William Howard, Joseph North, Nathaniel Dummer, Dan- por
iel Cony, Chandler Robbins, James Bridge, Daniel Stone,
Joseph Wingate, William Brooks, Charles Vaughan,

Acts, 1800. — Chapter 4(3.

Henry Dearborn, Samuel Moody, Eliphalet Gillet, Henry
Sewall, Benjamin Vaughan, Jedediah Prescott, Seth Wil-
liams, Robert Page, John Chandler, Samuel Dutton, Seth
Gay and John Merrick, together with such Others as have
or Shall become members thereof, be, and they are hereby
incorporated into, and made a body politic and corporate
forever by the name of The Kennebeck Agricultural
Society.

Sect. 2. Be S£t further Enacted by the Authority
Empowered to aforesaid, That the said Corporation be, and are hereby
declared and made Capable in Law of having, holding,
purchasing and taking in fee-simple, or any less Estate,
by Gift, grant devise, or otherwise, any Lands, tene-
ments, or other Estate, real and personal ; Provided, — That
the value of the said real Estate shall not Exceed the sum
of twenty thousand Dollars, and the annual income of the
said personal Estate shall not exceed the Sum of two
thousand Dollars ; and may also sell, alien or dispose of
the same Estate, real & personal, not using the same in
Trade or Commerce.

Sect. 3. Be it further Enacted, by the Authority afore-
said, That the said Corporation shall have full power to
make, have and use a Common Seal, and the same to
break, alter and renew at pleasure ; that it shall be Capable
in Law to sue or be sued, plead and be impleaded, answer
and be answered unto, defend and be defended, in all
Courts of Record, or other Courts or places whatsoever,
in all Actions, real, personal and mixed — and to do and
execute all and Singular other matters and things, that to
them shall and may appertain to do.

Sect. 4. Be it farther Enacted by the Authority afore-
To make rules, said, That the said Corporation may make, establish and
put in execution, such laws and regulations, as may be
necessary for the government of said Corporation ; Pro-
vided, that the same shall in no Case be repugnant to the
Laws and Constitution of this Commonwealth — And for
the well-governing of the said Corporation, and the order-
ering their Affairs, they shall have such Officers as they
shall hereafter, from time to time elect and appoint ; and
such Officers as shall be designated by the Laws & regula-
tions of the said Corporation for the purpose, shall be
Capable of exercising such power for the well governing
and Ordering the affairs of the said Corporation, and call-
ing and holding such occasional meetings for that pur-

To have a com-
mon seal.

regulations, &c.

Acts, 1800. — Chapters 47, 48. 55

pose, as shall be fixed and determined by the said Laws
and regulations.

Sect. 5. Be it further Enacted, That the place of hold- First meeting.
ing the first meeting of the said Society, shall be in the
Town of Augusta or Hallowell ; and that William Howard,
Esquire, be, and he hereby is Authorized and impowered,
to fix the time for holding the said meeting, and to notify
the same to the members of the said Society, by causing
the same to be published in the Kennebeck Gazette,
printed at Hallowell, fourteen days before the time fixed
on, for holding the said meeting.

Approved February 17, 1801.

1800. — Chapter 47.

[January Session, ch. 11.]

AN ACT TO ESTABLISH THE DIVIDING LINE BETWEEN VASSAL-
BOROUGH AND HARLEM IN THE COUNTY OF KENNEBECK.

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority
of the same, That the line between the towns of Vassal-
borough and Harlem, shall extend forty rods on an east-
south-east course from the south-east corner of Vassal-
borough, from thence on a line that will meet a line
running west-north-west, one hundred and four rods from
the north-east corner of said Vassalborough ; & the afore-
said lines shall, in future, be considered and taken to be
the dividing line between said towns of Vassalborough
and Harlem , any thing in the Acts of incorporation of said
towns to the contrary notwithstanding.

Approved February 17, 1801.

1800. — Chapter 48.

[January Session, ch. 12.]

AN ACT IN ADDITION TO, AND FOR REPEALING A CERTAIN PART
OF AN ACT, ENTITLED, "AN ACT FOR ESTABLISHING A COR-
PORATION BY THE NAME OF THE FIFTH MASSACHUSETTS
TURNPIKE CORPORATION."

Be it enacted by the Senate <& House of Representatives,
in General Court assembled, and by the authority of the
same, That so much of the first section of the aforesaid
Act, as directs that the said Turnpike road shall go to
Westminster Meeting House, be, & hereby is repealed ;

Acts, 1800. — Chapter 49.

and that said Corporation be hereby authorized to make
the Turnpike road to the northward of said Meeting
House, in the most convenient direction, subject in every
other respect to the act to which this is in addition.

Approved February 18, 1801.

Preamble.

Trustees.

Empowered to
receive sub-
scriptions, &c.

Fund and
income.

1800. — Chapter 49.

[January Session, ch. 13.]

AN ACT TO INCORPORATE CERTAIN PERSONS, AS TRUSTEES OF
A FUND FOR THE SUPPORT OF A CONGREGATIONAL MINISTER
IN THE TOWN OF SHREWSBURY.

Whereas there are in the Treasury of the town of
Shrewsbury, certain securities and monies, amounting to
one thousand nine hundred and twenty Dollars, which the
town, at a legal meeting, have appropriated as a fund for
the support of a Congregational Minister in said town.
And whereas the inhabitants of the town aforesaid have
raised, by sitbsc7'ij)tion and otherways, a further sum of two
thousand two hundred and forty-three Dollars for that pur-
pose, and have petitioned the Legislature for an Act of
incorporation of certain persons for the due management
thereof:

Sec. 1. Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the au-
thority of the same, That Jonah Howe, Asa Rice, Thomas
Knowlton, Joseph Stone, Nathan Pratt, Thomas Witherby,
John Bragg, Nathan Howe and Samuel Haven be, and
are hereby appointed Trustees to manage such funds as
are or shall be raised and appropriated to the uses afore-
said, in and for the town aforesaid : and for that purpose
they are hereby incorporated into a Body Politic, by the
name of The Trustees of the funds appropriated to the
support of a Minister of the congregational denomination
in the town of Shrewsbury ; and they and their successors
in said Office, are hereby vested with full power to re-
ceive into their hands, all subscriptions, donations,
securities for real or personal estate, & monies already
subscribed, given or raised, or which hereafter may be
subscribed or given for that purpose, and to put the same
to use or interest for the purpose aforesaid ; Provided,
That the same fund shall never exceed the sum of eight
thousand Dollars in the whole, and apply the whole, or so
much as may be necessary of the interest arising there-

Acts, 1800. — Chapter 49. 57

from, to pay the salary of such Minister as aforesaid, as
the majority of the Church and Congregation have settled
or may settle ; but not in any case to lessen, or make use
of any part of the principal : And in case the whole of
said annual income & interest should be more than suffi-
cient to pay the salary as aforesaid, then the surplus, if
any there be, shall be appropriated for the support of
Schools in said town, or for enlarging said fund, as the
town may from time to time order or direct ; and if it Trustees may
shall so happen, that said Trustees shall become seized of
lands or tenements by mortgage, as security for the pay-
ment of any debts due to said Society or Corporation, or
by levying executions on lands for the discharge of debts
due to said Trustees or Town, and the fee thereof shall in
due course of law be vested therein, it shall be lawful for
said Trustees, for the time being, to execute good and
well authenticated warrantee deeds of the same.

Sec. 2. Be it further enacted. That the Trustees before- Annual meet-
mentioned shall forever hereafter hold a meeting in the
town of Shrewsbury, in the month of April annually, the
time and place of said meeting to be notified by the major
part of the Trustees, by posting an advertisement thereof
in some public place in said town, seven days, at least,
before the time of said meeting ; at such meeting the major
part of the Trustees present, may, annually, choose a
Treasurer, with whom the money or securities for money,
constituting the funds, may be deposited, and who shall,
under the controul, and by the order of the Trustees, or
major part of them, receive in, demand, sue for and re-
cover as well from all subscribers to said fund, their heirs,
executors and administrators, the sums they have respec-
tively subscribed for the purposes aforesaid, or the interest
of the same only, as from any person who shall hereafter
subscribe a sum for the purposes aforesaid, his heirs,
executors & administrators, and shall deliver up, or pay
out such money or securities ; and the person so chosen
shall give bond, if required, at the discretion of the Trus-
tees, for the faithful performance of his duty ; and the
major part of the Trustees present at such meeting, are
also empowered to chuse a Clerk annually, who shall be
under oath to keep a true record of the proceedings and
doings of the Trustees ; and the Trustees are further em-
powered, from time to time, at any of their meetings called
in the manner aforesaid, to fill up the vacancies occasioned
by the death, resignation or removal of any of the Trustees.

Acts, 1800. — Chaptek 50.

becaiieed™oay Sec- 3- Be & farther enacted, That the said town shall
account. have full power, from time to time, to call said Trustees

to an account for their conduct in managing said fund ;
and the estate of each Trustee shall be liable to be taken
in execution on any judgment against such Trustees, re-
covered by the said town, which is hereby authorized to
commence and prosecute an action against said Trustees,
or any of them, for any embezzlement, or neglect of re-
funding monies in their hands ; and the debt or damage
recovered by the said town, in any such judgment, shall
be to, and for the use aforesaid.
againTt^TruB. Sec 4. Be it further enacted, That if judgment shall
himfrom'office De recovered against the said Trustees, or any of them for
embezzlement or neglect, as aforesaid, such Trustee or
Trustees shall, by that fact, vacate his or their said Office,
& the vacancy shall be filled up in the manner before pro-
vided. Approved February 18, 1S01.

Dana incorpo-
rated.

Boundaries.

1800. — Chapter 50.

[January Session, ch. 14.]

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS
OF THE SOUTHWESTERLY PART OF PETERSHAM, AND THE
NORTHWESTERLY PART OF HARDWICK, IN THE COUNTY OF
WORCESTER, AND THE NORTHEASTERLY PART OF GREEN-
WICH, IN THE COUNTY OF HAMPSHIRE, INTO A TOWN BY
THE NAME OF DANA.

Sect. 1. Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by the
Authority of the same, That all the Land described in
the following boundaries, together with the Inhabitants
thereon, be, and hereby are incorporated into a town by
the name of Dana, vizt. Beginning at the Southwest corner
of Petersham, on the East line of New Salem, and running
on said line three miles & sixty rods, to the Southeast
corner of said New Salem ; thence East, seventy-four rods,
thence South, two hundred & thirty rods ; thence East,
thirty rods, thence South, one Mile, and one hundred &
thirty rods ; thence East, fourteen degrees South, two
hundred and sixty rods, to Hard wick west line ; thence
south, thirty seven degrees west, on said Hard wick line,
one hundred & twenty rods ; thence East, thirty-two
degrees south, two hundred and forty rods, to the Middle
of Swift River ; thence by a line drawn on the middle of
said Swift River to the confluence of Pautapaug pond ;

Acts, 1800. — Chapter 50. 59

thence North, thirty eight degrees East, one mile, through
said Pond, to the North-East corner thereof, at a Stump
and Stones on land of Luther Page ; thence North, fifteen
degrees East, two hundred rods, to the center of the Bridge
across said Swift River on the County road ; thence East,
twenty-one degrees North, one hundred rods, to the South-
east corner of Land of Stephen White ; thence North,
twenty-two degrees East, eighty rods ; thence, North, six
degrees East, two hundred and eighty rods ; thence North,
five degrees West, one mile and eighty rods, to the Eastern
declivity of Three-penny Morris hill, (so called;) thence
North, ten degrees East, to the North-east corner of land of
Seth Williams, one mile & eighty rods ; thence West, four-
teen degrees North, one hundred & thirty rods, — thence
West, twenty five degrees South, two hundred rods ; thence
West, nineteen degrees North, to the first mentioned bound.
And the Inhabitants of the said Town of Dana, are hereby
invested with all the Powers, privileges, rights, and immu-
nities, which other towns are or may be in titled to enjoy,
by the Constitution & Laws of this Commonwealth. And
the whole of the said town of Dana is hereby annexed to,
and made a part of, the County of Worcester.

Sect. 2. Be it further enacted, That the Inhabitants Provision re-
of the said town of Dana, shall be holden to pay their pro- and the poor. '
portion of all rates and taxes, already assessed or granted
by the Commonwealth, or by the Counties or towns, to
which they heretofore severally belonged, or which shall
be hereafter granted by the Commonwealth or County,
untill a new valuation shall be taken and established in
this Commonwealth, in the same manner, as though this
Act had never passed, and shall support all the poor who
had their legal settlement, in either of said towns of Peters-
ham, Hard wick or Greenwich, and are now removed there-
from, and have not gained a settlement elsewhere, and
whose dwelling place or home, was, before such removal,
within the limits which now constitute the town of Dana.

Sect. 3. And be it further enacted, That Daniel Bige- First meeting,
low, Esquire be, and he is hereby authorised to issue a
Warrant directed to some suitable Inhabitant of the said
town of Dana, requiring him to notify the Inhabitants
thereof, to meet at such time and place as shall be ap-
pointed in said Warrant, for the election of all such Offi-
cers as towns are entitled to choose in the months of March
or April annually. Approved February 18, 1801.

Acts, 1800. — Chapter 51.

Time of holding
court at Ips-
wich altered.

Provision for
certain busi-
ness.

Provision rela-
tive to actions
against corpo-
rations.

1800. — Chapter 51.

[January Session, ch. 15.]

AN ACT FOR ALTERING THE TIME OF HOLDING THE COURT
OF GENERAL SESSIONS OF THE PEACE, & COURT OF COM-
MON PLEAS WITHIN AND FOR THE COUNTY OF ESSEX, FROM
THE SECOND TUESDAY OF APRIL, TO THE SECOND TUESDAY
OF MARCH.

Whereas by the alteration of the time of holding the
Supreme Judicial Court in said County, it has become
necessary that the time of holding said first mentioned
Courts, should be altered, Therefore,

Sec 1. Be it enacted by the Senate, and House of
Representatives, in General Court assembled, and by the
authority of the same, That the Court of General Sessions
of the Peace, and Court of Common Pleas, which by Law
are to be holden at Ipswich, within and for the County
of Essex, on the second Tuesday of April annually, shall
be holden at the same place, on the second Tuesday of
March annually.

Sec. 2. Be it further enacted, That all writs and proc-
esses, excepting writs and processes against Corporations,
which shall not have been served thirty days before the
second Tuesday of March next, and all recognizances, ap-
peals and continuances which have been, or may before
the twenty-fifth day of February current, be commenced
at, taken for, or pending in the said Court of Common
Pleas, or Court of General Sessions of the Peace, which,
before the passing of this act, were to have been holden
on the second Tuesday of April next, may be returned to,
entered, have day in, and be proceeded upon and deter-
mined in the Courts to be holden on the second Tuesday
of March next.

Sec. 3. And be it further enacted, That all actions
and processes against Corporations, commenced, or Avhich
shall, before the twenty fifth day of February current, be
commenced at the Court of Common Pleas, which, before
the passing of this Act, was to have been holden on the
second Tuesday of April next, and shall not have been
served thirty days before the second Tuesday of March
next, may be returned to, entered, have day in, be pro-
ceeded on and determined by the Court of Common pleas
to be holden at Salem, within and for the County of Essex,
on the second Tuesday of July next, in the same manner

Acts, 1800. — Chapter 52. 61

as if such action or process had been originally com-
menced, and made returnable to said Court last men-
tioned. Approved February 18, 1801.

1800. — Chapter 52.

[January Session, ch. 16.]

AN ACT TO ESTABLISH AN ACADEMY IN THE TOWN OF NEW
CASTLE IN THE COUNTY OF LINCOLN, BY THE NAME OF THE
LINCOLN ACADEMY.

Sec 1. Be it enacted by the Senate <& House of Rep-
resentatives in General Court assembled, and by the au-
thority of the same, That there be, and hereby is established ^inc°ln

J J ' ' " Academy

in the town of New Castle in the County of Lincoln an established
Academy by the name of The Lincoln Academy, for the
purpose of promoting Piety, Religion, and Morality, and
instructing Youth in such of the Liberal Arts and Sciences,
as the Trustees shall direct.

Sec 2. Be it further enacted, that the reverend Kiah Trustees incor-
Bailey and Samuel Nickels esqr., both of New Castle, the porate '
reverend Jonathan Ward of New Milford, the reverend
Alden Bradford, and the honorable Thomas Rice of Pow-
nalborough, the reverend William Riddle and Thomas
McClure esqr. of Bristol, the reverend John Sawyer and
William McCobb esqr. of Boothbay, David Dennis esqr.
and Mr. Mathew Cottrill of Nobleborough, the honorable
Henry Knox esqr. of Thomastown, and Mr. Moses Carlton
of New Milford be, and they hereby are appointed Trus-
tees of the aforesaid Academy, and they are hereby incor-
porated into a Body Politic, by the name of The Trustees
of the Lincoln Academy ; and they and their successors
shall be, and continue a Body Politic and corporate by the
same name forever.

Sec 3. Be it further enacted that the said Trustees to have a seal,
and their Successors shall make and have a common Seal,
which they may break, change and renew from time to
time, as they may see fit; and they may sue & be sued,
in all actions, real, personal or mixed, and prosecute and
defend the same to final judgment & execution, by the
name of The Trustees of the Lincoln Academy, and may
appoint an Agent or Agents to prosecute or defend such
suits.

Sec 4. Be it further enacted, that the Trustees afore- To appoint
named, and their successors be, and they hereby are made Academy.

Acts, 1800. — Chapter 52.

Quorum of
Trustees.

Vacancies to be
filled.

Property may
be held.

Conditional
grant of land.

First meeting.

the Visitors, Trustees and Governors of the said Academy,
in perpetual succession forever, to be continued in the way
and manner hereafter specified, with full power and au-
thority to elect and constitute such Officers of the said
Academy, as they shall judge necessary and convenient ;
and to make and ordain such laws, orders and rules, not
repugnant to the laws of this Commonwealth, for the good
government of said Academy, as to them shall seem fit
and requisite.

Sec. 5. Be it further enacted, that the number of the
Trustees aforesaid, shall not at any one time be more than
thirteen, nor less than seven, which last number, at least,
shall be necessary to constitute a quorum for transacting
business ; and the eldest Trustee present at any legal
meeting, shall be considered, and shall act as Chairman
of such meeting.

Sec. 6. Be it further enacted, that as often as one or
more of the Trustees shall die or resign, or in the Judg-
ment of the major part of the Trustees shall be rendered
incapable, by age or otherwise, of discharging the duties
of his Office, the Trustees then surviving, shall elect one
or more persons to fill up the vacancy or vacancies.

Sec. 7. Be it further enacted, that the Trustees afore-
said, and their successors be, and they hereby are rendered
capable in law to take and hold by gift, grant, devise be-
quest or otherwise, any lands tennements or other estate,
real or personal — provided that the annual income of said
real estate shall not exceed the sum of Two thousand Dol-
lars, and the annual income of their personal estate, shall
not exceed the sum of Seven thousand Dollars ; and all
deeds and instruments, which the said Trustees may law-
fully make, shall be sealed with their seal, and shall bind
the said Body Politic, and their estates real and personal,
under the name of The Trustees of the Lincoln Academy.

Sec. 8. Be it further enacted, that if the said Trustees
of the said Academy, shall within three years from the
passing of this Act, furnish evidence to this Court, that
funds are secured to the use of said Academy by private
donation or otherwise, to the amount of Three thousand
Dollars, the said Trustees shall be then entitled to a grant
of half a Township of land from this Commonwealth, for
the use and support of said Academy.

Sec. 9. And be it further enacted that Samuel Nickels
esqr., one of the Trustees aforenamed, be, & he hereby is

Acts, 1800. — Chapter 53. 63

authorized and empowered to appoint the time and place
for holding the first meeting of said Trustees, & notify
them thereof. Approved February 23, 1801.

1800. — Chapter 53.

[January Session, ch. 17.]

AN ACT FOR INCORPORATING CERTAIN PERSONS, FOR THE PUR-
POSE OF BUILDING A BRIDGE OVER TAUNTON GREAT RIVER,
BETWEEN THE TOWNS OF DIGHTON AND BERKLEY, IN THE
COUNTY OF BRISTOL, AT OR NEAR THE COMMON LANDING
PLACE IN SAID DIGHTON, NEAR THE DWELLING HOUSE OF
DAVID STANDISH.

Sec. 1. Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by the
authority of the same, That Samuel Tobey, William Bay- Persons incor-
lies, Thomas B. Richmond, George Ware, Benjamin porated-
Crane, Luther Crane, Thomas Carpenter the second, with
such other persons as now are associated, or may hereafter
associate with them, for the purpose hereafter mentioned,
their heirs and assigns, be, and they hereby are made and
constituted a Corporation, or Body Politic, for the pur-
pose of building a Bridge over Taunton Great River, be-
tween the towns of Dighton and Berkley, in the County
of Bristol.

Sec 2. Be it further enacted, That any two of the Meeting to be
aforesaid Proprietors may, by posting up notifications at caIled*
some public places in the towns of Dighton and Berkley,
warn and call a meeting of the proprietors, to be holden
at any suitable time and place, after thirty days from the
first publication of said advertisement ; and the Proprie- officers may be
tors by a vote of a majority of those present, or duly ruTeTestat?
represented at the said meeting, (allowing one vote to li8hed-
and for each single share in all cases ; provided however,
that no one proprietor shall be allowed more than six
votes,) shall chuse a Clerk, who shall be sworn to the
faithfull discharge of said office, and shall also agree on a
method of calling future meetings, and at the same, or a
subsequent meeting or meetings, may elect such Officers,
and make and establish such rules and bye laws, as to
them shall seem necessary or convenient for the regula-
tion and government of the said Corporation, for carrying
into effect the purpose aforesaid, and for collecting the
toll herein after granted and established ; and may annex
penalties to the breach of any bye laws, not exceeding five

Acts, 1800. — Chapter 53.

Location of
bridge.

Draw to be
constructed.

Toll.

Dollars : And all representations at said meeting shall be
tiled with the Clerk, and this Act, & all rules, regulations
and proceedings shall be fairly and truly recorded, by the
said Clerk, in a book or books to be provided and kept
for that purpose.

Sec. 3. Be it further enacted, That the said Proprie-
tors be, and they hereby are authorized & empowered to
erect a Bridge over Taunton Great River, so called, be-
tween the towns of Dighton & Berkley, in the County of
Bristol, at or near the common landiDg place, near the
dwelling house of David Standish in said Dighton, with a
convenient Draw for the passing of Vessels, at least twenty
eight feet wide, which Draw shall be constructed with
strong abutments ; and on each side thereof there shall be
a pier, sufficient to secure all such vessels as may attempt
to pass through said Draw, for the use of such Vessels,
free of wharfage, or expense of any kind. And the said
proprietors shall constantly keep some suitable person or
persons at the said Bridge, who shall raise said Draw for
any vessel that may be passing up or down the river
aforesaid, without toll or expense. And in case any
vessel, about to pass said Bridge, shall be detained at
the Draw more than five minutes before the same shall be
begun to be raised, the Proprietors of said Bridge shall
forfeit and pay to the owner or owners of such vessel,
the sum of ten Dollars for each and every such detention,
to be recovered by action of debt, in any Court proper
to try the same.

And for the purpose of reimbursing the said Proprie-
tors the money by them to be expended in building and
supporting said Bridge,

Sec. 4. Be it further enacted, That a toll be, and
hereby is granted and established for the sole benefit of
said proprietors, according to the rates following, to wit,
For each foot passenger, three cents ; — for each horse
and rider, six cents five milles ; — for each horse and
chaise, chair or sulkey, seventeen cents ; — for each coach,
chariot, phaeton or other four wheeled carriage for pas-
sengers, twenty-five cents ; — for each curricle, twenty-five
cents ; — for each sleigh drawn by one horse, twelve cents
& five milles ; — for each cart, sled, or other carriage of
burden, drawn by one beast, twelve cents five milles, if
drawn by two beasts, seventeen cents, if drawn by more
than two beasts, twenty cents ; — for each horse without

Acts, 1800. — Chapter 54. 65

a rider, & for neat Cattle, four cents each ; — for sheep

and swine, nine cents per dozen. And one person, and no

more, shall be allowed to each team as a driver, to pass

free of toll. And all Companies of Militia, who shall Militia to pass

have occasion to pass said Bridge, to perform military

duty, shall pass free of toll. And at all times of night,

while the river is open and navigable, the Draw shall be

kept raised from the time the Toll Gatherer leaves the

Bridge in the evening, untill his return thereto in the

morning. And the toll shall commence on the day of

the first opening of said Bridge, and shall continue for the

term of Forty years. And at the place where the toll sign board to

shall be received, there shall be erected, and constantly

exposed to view, a sign board with the rates of toll fairly

and legibly written or printed thereon in large letters.

Sec. 5. Be it further enacted, That the said Bridge Bridge,
shall be well built with suitable materials, at least twenty-
four feet wide, and covered with planks, with sufficient
rails on each side, and boarded up sixteen inches high
from the floor of said Bridge, for the safety of Passengers
travelling thereon ; and the same shall be kept in good
repair at all times.

Sec. 6. And Be it further enacted, That if the said t1™® °£p?!ld-
Proprietors shall neglect, for the space of four years from
the passing of this Act, to build and erect said Bridge,
then this Act to be void & of no effect.

Approved February 24, 1801.

1800. — Chapter 54.

[January Session, ch. 18.]

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT FOR THE
DUE REGULATION OF WEIGHTS & MEASURES."

Sec. 1. Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by the
authority of the same, That the time allowed to each Time for pro-
County Treasurer within this Commonwealth, to procure weights and
one complete sett of beams, and of the brass, copper, pew- J^ded?8 ex
ter and iron Weights and Measures, well tried, proved and
sealed by the State Standards, as required in the Act to
which this is in addition, be extended to the first day of
January, in the year of our Lord, one thousand eight hun-
dred and two ; & that the time allowed to the Treasurer
of each Town and District within this Commonwealth, to

66 Acts, 1800. — Chapter 55.

procure a complete sett of the beams, weights, and copper
or pewter measures, conformable to the State Standards,
as required in the Act to which this is in addition, be ex-
tended to the first day of January ; in the year of our Lord
one thousand eight hundred and three.
Prosecution not Sec. 2. Be it further enacted, That no prosecution be

to be instituted. .,.,,, . J ^ \ l , .

instituted against any lreasurer, tor any neglect in pro-
curing said weights and measures previous to passing this
Act.
certain wooden gEC# 3 And Be it further enacted, That it shall be

measures al- J 7

lowed to be kept lawful for the Treasurer of any Town or District afore-
said, to procure a wooden half-bushel, peck and half-peck,
conformable as to breadth and contents to the copper or
pewter measures of the same denomination, required by
the Act to which this is in addition, which wooden meas-
ures, when tried, proved & sealed, in manner as provided
by the said recited act, shall be considered and allowed as
the Standard of such Town or District, in lieu of such cop-
per or pewter measures aforesaid, & shall have the same
force and effect in Law, any thing in the Act, to which
this is in addition, to the contrary notwithstanding.

Approved February 26, 1801.

1800. — Chapter 55.

[January Session, ch. 19.]

AN ACT TO INCORPORATE SAMUEL PARKER AND OTHERS, INTO
A SOCIETY BY THE NAME OF THE BOSTON DISPENSARY.

Preamble. Whereas certain Persons did, in the year 1796, asso-

ciate, and establish a charitable Institution in the Town of
Boston, for the purpose of affording medical Advice and
Relief to the sick Poor of said Town, under the name of
The Boston Dispensary. And Whereas said Institution
has been of General and Essential Service to such Persons
as are not of ability to procure Medical Advice and Aid for
themselves ; and the Managers of said Dispensary have
represented to this Court the Difficulties under which they
labour for want of an Incorporation, and have petitioned
for an Act remedial of those Difficulties. And inasmuch
as the Intentions of said Persons appear to be deserving of
Encouragement :

Sect. 1. Be it therefore enacted by the Senate and
House of Representatives, in General Court assembled,
and by the authority of the same, That the Reverend

Acts, 1800. — Chapter 55. 67

Samuel Parker, Samuel Stillman and Samuel West, Doc- Persons incor-
tors in Divinity ; William Tudor, John Andrews, Thomas porated
Davis, Stephen Gorham and Samuel Dunn, Esquires,
Jonathan Ainory, Junr. Thomas Brewer and Benjamin
Bussey, Merchants ; and Nathaniel Smith, Physician ; all
of said Boston, the Managers of said charitable Institu-
tion, together with their Associates, be, & they hereby
are incorporated & made a Body Politic for the Purposes
aforesaid, by the name of The Boston Dispensary ; and
that they, their Associates & Successors, have perpetual Bye laws may
succession by the said name, and have power to make Bye
Laws for the preservation and Advancement of said In-
stitution, not repugnant to the Laws of this Common-
wealth.

Sect. 2. Be it further enacted, That the said Boston common seal
Dispensary be, and it is hereby Authorized & empowered authonzed-
to make, appoint and have a common Seal, and is hereby
made liable to be sued, and enabled to sue and defend, in
its Corporate Capacity, in any of the Courts of Record of
this Commonwealth ; and is hereby licensed and empow-
ered to make purchases, and to receive Grants & Dona-
tions of Real & personal Estates, and to hold the same for
the charitable Purposes aforesaid ; Provided the Rents and income limited.
Profits of the real Estate, together with the Interest of the
Personal Estate, shall not exceed the sum of five thousand
Dollars ; and to manage & dispose of such Estates as to
the said Corporation shall appear fit.

Sect. 3. And be it further enacted by the Authority
aforesaid, That the contributors to said Institution shall Annual meeting

J i t • /-v i directed.

meet at Boston, on the second Thursday in October,
annually, for the purpose of Electing, by ballot, Twelve
Managers & a Treasurer, public Notice of the time and
place of holding such meeting being given once, at least,
in two of the News papers published in said Town, seven
days before the day of Meeting, and Votes may at all elec-
tions be given either in Person or by Proxy.

Sect. 4. And be it further enacted, That the business Powers and
of said managers shall be to appoint the Physicians, Sur- Managers.16
geons & Apothecary of said Dispensary, to provide Medi-
cines for the Patients recommended by the Contributors,
and to regulate all Affairs relative to the Institution, any
three of whom shall constitute a Quorum. And all Instru-
ments which the said Managers shall lawfully make & exe-
cute shall, when signed, by their Chairman, Treasurer or

Acts, 1800. — Chapters 56, 57.

Secretary, and sealed with their common Seal, bind the
said Corporation and be Valid in Law.
First meeting. Sect. 5. And be it further enacted, That the Reverend
Samuel Parker be, and hereby is Authorized, by public
Notice in two of the Boston News papers, to call the first
meeting of said Contributors, at such time and place as he
shall judge proper, at which meeting the said Corporation
shall have all the Power vested in them at their stated
annual meetings in October, but the Officers then chosen
shall not continue in Office longer than the next meeting
in October, unless elected anew.

Approved February 26, 1801.

Location of
second gate.

Penalty for at-
tempt to evade
the toll.

1800. — Chapter 56.

[January Session, ch. 20.]

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT ESTAB-
LISHING THE NINTH MASSACHUSETTS TURNPIKE CORPO-
RATION."

Sec 1. Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the author-
ity of the same, That it shall and may be lawful for the said
Corporation to erect their second, or westerly Gate, at or
near the dividing line between this Commonwealth and the
State of Connecticut, in lieu of erecting the same a little
west of the Meeting-house in Douglass, as by said Act is
provided, any thing in said Act to the contrary notwith-
standing.

Sec 2. And be it further enacted, That if any person
shall with his Cattle, Team, Carriage or Horse, turn out
of the said road to pass the said Gate, on ground adjacent
thereto, with intent to avoid the toll due by virtue of the
act to which this is in addition, such person shall forfeit
and pay three times so much as the legal toll would have
been ; to be recovered by the Treasurer of said Corpora-
tion, to the use thereof, in an action of debt.

Approved February 28, 1801.

1800. — Chapter 57.

[January Session, ch. 21.]

AN ACT FOR THE SUPPRESSION OF LOTTERIES NOT AUTHOR-
IZED BY LAW, AND TO PREVENT THE SALE OF ANY TICKETS
IN SUCH LOTTERIES.

Sec. 1st. Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by the

Acts, 1800. — Chapter 57. 69

Authority of the same, That if any person or persons, penalty for as-
after the first day of April next, shall, within this Com- ?a'^ jot"
monwealth, aid or assist in the erection of any Lottery,
not authorised by a Law of this Commonwealth, or of
the Congress of the United States, by printing:, writing
or otherwise, or shall aid and assist, in any Lottery estab-
lished, or erected in any other of the United States, by
advertising any Tickets in any such Lottery for sale, or
by publishing the Scheme of any such Lottery, such per-
son or persons, shall, for each, and every such offence,
forfeit and pay a sum not exceeding fifty Dollars, nor less
than five Dollars, at the discretion of the Court, one
moiety thereof to the use of this Commonwealth, and the
other moiety to the use of the person, who shall inform
and complain of the same.

Sec. 2d. And be it further enacted, That every person Penalty for seii-
who shall, within this Commonwealth, sell, give, or other- in|'ogrTeDcl'iWng"
wise dispose of, any ticket in any Lottery, not authorised ticket8-
by any Law of this Commonwealth, or of the United
States, or who shall receive or purchase any such Lottery
Ticket, as aforesaid, shall forfeit and pay for each, and
every offence, the sum of five dollars, for every ticket so
sold, given, disposed of, received, or purchased, in man-
ner aforesaid : Provided nevertheless, That if any such Proviso,
receiver or purchaser shall first inform or complain,
against the person or persons who shall have given,
sold, or disposed of any such ticket, so that he or they
shall be convicted thereof, such receiver or purchaser,
shall not, in such case, be liable to the penalty aforesaid,
but shall be exempted therefrom.

Sec. 3d. Be it further enacted, that any purchaser, Money paid
or holder of any lottery ticket, or tickets, which shall recoverable.
have been sold, given, or disposed of, contrary to the
provisions of this Act, shall and may recover the amount .
which he shall have paid, for any such ticket or tickets,
of the person or persons, of whom he shall have purchased
or received the same, whether the same shall have been
drawn a blank, or a prize, by an action on the case for
Money had and received, before any Court proper to try
the same.

Sec. 4tii. Be it further enacted, That all penalties Recovery of
and forfeitures given or limited by any Act of this Com- pena
monwealth in whole or in part, to the use of this
Commonwealth, may be recovered by indictment in any
Court proper to try the same.

70 Acts, 1800. — Chapter 58.

KcketBto™ Sec- 5th- Be il further enacted, That all notes,
be void. obligations, contracts and securities given in considera-

tion of any lottery ticket or tickets sold contrary to the
provisions of this Act, shall be, and the same are hereby
declared null and void.
Amoskeag Lot- gEC> 6TH# jge it further enacted, That this Act shall

tery excepted . ■ ■• ■ 1 i •

not be construed to extend to a lottery authorized by an
Act of the Legislature of the State of New Hampshire,
passed on the twenty-seventh day of December, in the
Year of our Lord one thousand seven hundred and ninety
nine, intitled, an Act to authorize Samuel Blodget Esq.
to set up a lottery for the purpose of locking Amoskeag
Falls, nor to prevent the sale or disposal of any ticket, or
tickets in said Lottery, or the advertizement of the sale
thereof — untill the purposes of the said Act shall be
fully accomplished. Approved February 28, 1801.

1800. — Chapter 58.

[January Session, ch. 22.]

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS OF
THE SOUTH-EAST PART OF STURBRIDGE, THE SOUTH-WEST
PART OF CHARLTON, AND THE WEST PART OF DUDLEY, ALL
IN THE COUNTY OF WORCESTER, INTO A PARISH, BY THE
NAME OF THE SECOND RELIGIOUS SOCIETY IN THE TOWN
OF CHARLTON.

Sec 1st. Be it enacted by the Senate, and House of
Representatives, in General Court assembled, and by the
Persons incor- authority of the same, That Ralph Wheelock, Abel Mason,
Joshua Harding, Benjamen Freeman, Jedediah Marcy,
Oliver Plympton, John Ammidon, Luther Ammidon,
Gershom Plymton, Joseph Shaw, Robert Edwards, Calvin
Ammidon, Jeptha Clark, Jeremiah Shumway, Oliver
Hooker, Eleazer Putney, junr., Solomon Clark, Daniel
Morse, junr., Calvin Perry, Moses Clark, Asa Walker,
David Dix, Henry Pratt, Jason Morse, junr., Lemuel
Mason, James Dyer, Joseph Sabin, Eleazer Putney,
Jedediah Ellis, Israel Marsh, Jonathan Mason, Moses
Mason, John Marsh, Samuel Newell, Zebina Abbot, Elias
Plymton, Duty Marsh, Denison Wheelock, Gershom
Plymton, jun., Nathan Brown, John Holbrook, Ephraim
Wheelock, William Love, Asa Morse, Jonathan Perry,
Oliver Thayer, Ralph Harding, Abisha Sabin, John
Plympton, Thomas Cheney, Jesse Morse, Perley Stone,
John Mason, Moses Marcy, Edward Morris, Theodore

porated.

Acts, 1800. — Chapter 59. 71

Marcy, Joseph Barrett, Epbraim Bacon, Enoch Bacon,
Silas Ammidon, Ralph Vinton, Jonathan Perry the 2d,
Ruggles Morse, William Blood, Charles Dugar, junr.,
David Clemmons, Alexander Brown, Rufus Brown, Gload
Dugar, Charles Dugar, John Heath, Ebenezer Clark,
John Wait, Nathaniel Searls, Joseph Barrett, junr.,
Daniel Morse, jun., Alpheus Morse, Jeremiah Morse,
Freeman Pratt, James Wheelock, John Marcy, Abel
Mason, junr., Samuel Weatherly, Abisha Hooker, Fletcher
Foster, Moses Wheelock, Calvin Wheelock, Moses Foster,
Samuel Robbins and Jacob Mason, with their present
estates, be, and are hereby incorporated into a Parish, by
the name of the second religious Society in the Town of
Charlton, with all the powers, privileges, immunities,
duties, and obligations, which other Parishes in this Com-
monwealth are intitled or subjected to by Law, provided
nevertheless, that they pay all taxes assessed upon them
before the passing of this Act.

Sec. 2d. And be it further enacted, That Oliver Meeting for
Plympton, Esquire, be, and he hereby is empowered to cer°8.ce°
issue his warrant to some principal inhabitant of said
Parish, requiring him to notify and warn the members
thereof aforesaid, to meet at the meeting house in said
Parish, at such time as shall be appointed in said warrant,
for the purpose of choosing such officers as may be
necessary, agreeably to the Laws of the Commonwealth,
to manage the affairs of the said Parish, and that the
members thereof, qualified by Law to vote, be, and hereby
are empowered to choose such officers accordingly.

Approved February 28, 1801.

1800. — Chapter 59.

[January Session, ch. 23.]

AN ACT IN FURTHER ADDITION TO AN ACT, ENTITLED, "AN
ACT TO ASCERTAIN THE QUALITY OF BUTTER, AND FOR THE
MORE EFFECTUAL INSPECTION OF THE SAME," AND TO THE
ACT, ENTITLED, "AN ACT TO ASCERTAIN THE QUALITY OF
HOG'S LARD, & MAKING FURTHER PROVISION FOR THE IN-
SPECTION OF BUTTER."

Sec 1. Be it enacted by the Senate & House of Rep-
resentatives, in General Court assembled, and by the au-
thority of the same, That in addition to the marks and ^ctberdand
brands now required by law to be impressed on every
cask, keg or firkin of Butter or Lard, duly inspected,

Acts, 1800, — Chapter 60.

Additional fees

there shall be impressed, by the Inspector or Deputy In-
spector, with a brand, the word Third, on any cask, keg
or firkin of Butter or Hog's Lard, which shall appear to
be of a quality correspondent ; & each cask, keg or firkin
of Butter or Lard, inspected as aforesaid, shall also be
branded with the word Butter or Lard, as the case may be.
Sec. 2. And be it further enacted, That for inspecting,
branding and weighing each cask, keg, or firkin of Butter
or Hogs Lard, and delivering to the owner an invoice or
weigh-note of the same, the Inspector, or any Deputy
Inspector, shall have and receive three cents in addition
to the four cents allowed in the Act to which this is in
addition, to be paid by the purchaser of the same. And
for each certificate required by Law to be issued upon the
inspection of Butter or Hog's Lard exported out of this
Commonwealth, the Inspector, or any Deputy Inspector,
shall receive twenty cents, in addition to the ten cents
heretofore established by law for such certificates.

Approved March 3, 1801.

Preamble.

1800. — Chapter 60.

[January Session, ch. 24.]

AN ACT TO INCORPORATE BENJAMIN HODGES AND OTHERS,
INTO A SOCIETY, BY THE NAME OF THE SALEM EAST INDIA
MARINE SOCIETY.

Whereas Benjamin Hodges & others, have petitioned to
be incorporated for the laudable purposes of affording re-
lief to disabled Seamen, and to the indigent widows and
families of deceased members and others; and of promoting
a knowledge of navigation and trade to the East Indies.

Sect. 1. Be it enacted by the Senate & House of Rep-
resentatives , in General Court assembled, and by the au-
corporate name thority of the same, That Benjamin Hodges, Benjamin

utitl powers. <j ' u

Carpenter, John Osgood, and Jacob Crowninshield, to-
gether with all others, who now are, or hereafter may be
associated with them, be, and they hereby are constituted
a body politic & corporate forever, by the name of The
Salem East India Marine Society, and by that name, may
sue and be sued, plead and be impleaded, answer, and be
answered unto, defend and be defended, in all Courts and
places whatsoever, in all actions, real, personal and mixed ;
and the said Corporation shall have full power and Au-
thority, to make, have and Use a common Seal, and the

Acts, 1800. — Chapter 61. 73

Same to break, alter, and renew at pleasure, and shall
have and enjoy, all the privileges and powers incident to
a Corporation.

Sect. 2. Be it further enacted, That the said Corpo- Estate may be
ration be, and the same is hereby made capable in Law,
of having and holding, by gift, grant, devise, or otherwise,
any Estate, real or personal, provided, the same shall not
exceed Forty thousand Dollars in value.

Sect. 3. Be it further enacted, That the said Corpo- officers to be
ration, may annually, or at any special meeting, called for '

the purpose, elect all such Officers, and make, establish,
& put in execution such by-laws, rules & regulations,
as to calling future meetings, the election and admission
of members, and the Government thereof, as they shall
judge to be necessary ; provided, that the same shall in
no respect be repugnant to the Laws and Constitution of
this Commonwealth.

Sect. 4. And be it further enacted, That, the afore- First meeting.
named Benjamin Hodges, Benjamin Carpenter, and John
Osgood, or any two of them, be, and they hereby are au-
thorized, by a notification under their hands, published in
the Salem Gazette, three weeks successively, to call a
meeting of the members of said Society, to be holden at
any suitable place in said Salem.

Sect. 5. Provided nevertheless, That, the said Society, ^tirnicte^0from
shall neither directly nor indirectly, deal or trade in buy-
ing or selling an}" goods, wares, or merchandize, or com-
modities whatsoever ; provided, also, no person shall be
eligible as a member of said Society, unless such as have
actually navigated the Seas near the Cape of Good Hope
or Cape Horn. Approved March 3, 1801.

1800. — Chapter 61.

[January Session, ch. 25]

AN ACT TO ESTABLISH AN ACADEMY AT NANTUCKET, BY THE
NAME OF THE NANTUCKET ACADEMY.

Whereas Joseph Chase and others, have subscribed up- Preamble.
wards of three thousand Dollars, for the purpose of erecting
and supporting an Academy at Nantucket, and have erected
a building convenient for its use:

Sec. 1. Be it enacted by the Senate & House of Rep-
resentatives, in General Court assembled, and by the au-
thority of (he same, That there be, and hereby is established ^"adem^1

established.

Acts, 1800. — Chapter 61.

Empowered to
hold estate.

Trustees to
choose officers,
to regulate the
calling of meet-
ings, &c.

in the Town and County of Nantucket, an Academy, by
the name of The Nantucket Academy, for the purpose of
promoting piety, religion, and morality, and for the edu-
cation of youth in such languages, and in such of the lib-
eral arts and sciences, as the Trustees, hereafter chosen,
shall direct ; and that Joseph Chase, Shubael Coffin, the
second, Samuel Cary, Roland Gelston, Isaac Coffin, Mi-
cajah Gardner, George Myrick, Joshua Coffin, Amaziah
Gardner, Grafton Gardner, Samuel Riddle, Gersham
Drew, Frederick Brown, Robert Folger, Peter Chase,
Benjamin Swift, Jonathan Myrick junr , Thomas Varney
McCleave, William Cobb, Ebenezer Raymond, Latham
Gardner, John Elkins, Charles Norris, Obed Aldridge,
Wilson Rawson, Jedediah Fitch, William Folger junr.
and Walter Folger junior, together with such others as
may hereafter associate with them, be, and hereby are
incorporated into a Body politic, by the name of The
Proprietors of the Nantucket Academy ; and that they,
and their successors shall be, and continue a Body Politic
and Corporate, by the same name forever ; & that they,
at their first meeting, shall elect nine of the said Proprie-
tors as Trustees for said Academy.

Sec. 2. Be it further enacted, That all the monies,
lands or other property, and things already subscribed &
given, or which shall be hereafter given, granted, devised,
bequeathed, transferred or assigned to the said Trustees,
for the purposes aforesaid, or either of them, shall be con-
firmed to the said Trustees, and to their successors in
that trust, forever ; and that the said Trustees may have
and hold in fee simple, by gift, grant, devise, bequest or
otherwise, any or all lands, tennements, hereditaments &
other estate, real or personal, provided the annual income
thereof shall not exceed the sum of Five thousand Dol-
lars ; & may sell and dispose of the same, and apply the
rents, issues and profits thereof in such manner as the end
and design of the said Institution shall, in their discretion,
require.

Sec. 3. Be it farther enacted, That the said Trustees
shall have power, from time to time, to elect such Officers
of the said Academy as they shall judge necessary, and to
fix the tenures of their respective offices ; to remove any
Trustee from the Corporation, when, in their opinion, he
shall be incapable, by reason of age or otherwise, of dis-
charging the duties of his office ; to fill all vacancies in

Acts, 1800. — Chapter 61. 75

said Corporation, to determine the times and places of the
meetings of said Corporation, the manner of notifying,
and the method of electing and removing such Trustees ;
to elect, & prescribe the powers & duties of the Officers
of the said Corporation ; and also prescribe the powers and
duties of the Preceptor, Teachers, and all other Officers
of the Academy ; & to make and ordain reasonable rules,
orders and bye laws, not repugnant to the laws of this
Commonwealth, with reasonable penalties for the good
government of the said Academy.

Sec. 4. Be it further enacted, That the Trustees may Common 8e;u
have a common seal, which they at pleasure may break,
alter and renew ; and that all deeds signed and sealed
with such seal, delivered and acknowledged by the Secre-
tary of said Corporation, by order of the Trustees, shall
be good and valid in law, and that the said Trustees may
sue and be sued, in all actions, real personal and mixed,
and prosecute and defend the same to final judgment and
execution, by the name of The Trustees of the Nantucket
Academy.

Sec. 5. Be it further enacted, That the number of the Quorum of
Trustees of said Academy shall not, at any one time, ex-
ceed nine, nor be less than seven, five of whom shall con-
stitute a quorum to do business, and a majority of the
members present at any legal meeting, may decide on all
questions proper to come before the Trustees.

Sec. 6. Be it further enacted, That there be, and ^nd granted,
hereby is granted to the said Trustees, and to their suc-
cessors forever, for the use of the said Academy, one half
a Township of six miles square of the unappropriated
lands belonging to this Commonwealth in the District of
Maine, (excepting the ten Townships on Penobscot river)
to be laid out and assigned by the Committee for the sale
of eastern lands, under the restrictions and reservations
made in similar grants.

Sec. 7th. And be it further enacted, That Isaac Coffin, First meeting.
Esqr. be, and he is hereby authorized to fix the time and
place for holding the first meeting of the said Proprietors,
and to notify them thereof. Approved March 3, 1801.

Acts, 1800. — Chapter 62.

Preamble.

Rule for appor-
tioning the value
of the old meet-
ing-house.

Value of the
new bouse to
be estimated.

1800. — Chapter 62.

[January Session, ch. 26.]

AN ACT IN FURTHER ADDITION TO AN ACT, ENTITLED, "AN
ACT IN ADDITION TO AN ACT, ENTITLED, AN ACT FOR IN-
CORPORATING THE SEVERAL RELIGIOUS SOCIETIES IN NEW-
BURY PORT, IN THE COUNTY OF ESSEX."

Whereas the proprietors of the house of public worship of
the first religious Society in Newbury Port, having erected,
and being now in finishing a new house of public worship
for the said society, and having, at a meeting of the said
proprietors, duly called and /widen on Thursday, the
fifteenth day of January in this present year, passed divers
votes for the just apportionment of the expences of building
the said new house, for the convenient disposition of the
pews therein, and for the equitable distribution of the nett
proceeds of the sales of their old meeting-house ; and hav-
ing requested the aid of the Legislature in confirming their
said proceedings, which request appearing reasonable;

Sec. 1. Be it therefore enacted by the Senate and
House of Representatives, in General Court assembled, &
by the authority of the same, That the list and valuation
of the pews in the said old meeting house, for the year
eighteen hundred, signed by James Kettell, Henry Hud-
son and William Wyer, junr., Assessors of the said pro-
prietors, and lodged in the office of their Clerk, be the
rule by which to apportion to and among the said propri-
etors, the nett proceeds of the sale of the said old house,
and the land under and adjoining the same, in the man-
ner agreed to by the said proprietors.

Sec. 2. Be it further enacted by the authority afore-
said, That Joshua Carter, Ebenezer Stocker, Nathan
Hoyt, Michael Hodge, Israel Young, John Greenleaf and
Theophilus Bradbury, esqr., or the greater part of them,
shall be a Committee, with full power and authority to
estimate the cost of the said new house, & of the lot of
land it stands upon ; and to apportion the same upon all
the pews therein, (excepting such as may be reserved for
the use of the Ministers,) according to their relative situ-
ations, which apportionment shall be considered as their
prime cost, and the same apportionment under the hands
of them, or the major part of them, shall be tiled in the
Office of the said Clerk, and by him recorded, and shall

Acts, 1800. — Chapter 63. 77

be the rule by which all taxes hereafter to be raised on
the said pews shall be assessed, until a new valuation of
the said pews shall be made in due form of law

Sec. 3. Be it further enacted by the authority afore-
said, That Joshua Carter, Ebenezer Stocker & Nathan Pews to be bom.
Hoyt, or the major part of them, shall be a Committee
with full power to sell the said pews at public auction to
the highest bidder, they conforming to such regulations,
limitations & conditions as have been or may be prescribed
by the said proprietors ; and upon such sale to execute
and acknowledge deeds thereof to the purchasers, to hold
in fee simple ; which deeds, so executed and entered of
record, by the Clerk of the said proprietors, for the fees
established by law for recording deeds of pews, shall con-
vey a legal title to the said pews in fee simple as afore-
said, any law to the contrary notwithstanding : Provided
however, That any vacancy in either of the said Commit-
tees, may be filled up by the said proprietors at any legal
meeting.

Sec. 4. And be it further enacted by the authority
aforesaid, That the votes of the said proprietors, passed at votes con-
the said meeting, providing for the distribution of the nett
sales of the said old house and land, be, and the same are
hereby confirmed, and that such distribution be made in
the same manner to the same proprietors, in the same pro-
portions, and upon such terms, conditions & limitations,
as are therein expressed : Provided however, if the pro- Proviso,
prietors of the said New Meeting house should stand in need
of any further sums of money for the building & finishing
of the said new house, and for the purchase of the land on
which it stands, the same may be raised by a tax or taxes
on the pews therein, the same to be assessed and collected
according to Law. Approved March 6, 1801.

1800. — Chapter 63.

[January Session, ch. 33.]

AN ACT TO INCORPORATE WILLIAM BOND AND OTHERS, PRO-
PRIETORS IN COMMON OF A CERTAIN MINE IN JODIN HILL,
SO CALLED, SITUATE IN THE TOWN OF NEWFIELD, IN THE
COUNTY OF YORK, FOR THE PURPOSE OF EXPLORING &
WORKING SAID MINE, & OTHER PURPOSES THEREIN MEN-
TIONED.

Sec. 1. Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, & by the author-

Acts, 1800. — Chapter 63.

Persons incor-
porated.

Corporate
name.

Empowered to
explore mines,
purchase lands,
&c.

Number of
shares.

Certificates to
be issued.

Clerk & Treas-
urer to be
chosen.

it// of the same, That William Bond, Foster Waterman,
John Minott, James Loring, John West and William
Manning, all of Boston, in the County of Suffolk, with
all such other persons as they may hereafter judge proper
to admit, be, & they are hereby made and constituted, to
all legal purposes, a Body Politic and Corporate, by the
name of The Ossapee Mining Company, thereby to sue &
be sued, and with liberty to have and use a common Seal,
and the same to break & alter at pleasure.

Sec. 2. Be it further enacted, That the said Corpora-
tion shall have power, in their corporate capacity, afore-
said, to explore, dig, work, refine or prepare for market,
any ores, minerals, metals or fossils contained in said hill,
or any where within the town of Newfield, or in the next
adjoining towns, connected with those of the hill aforesaid,
first purchasing the fee of the land, or agreeing with the
owners thereof for the use of the same to their full satis-
faction, & to be lawfully seized of lands supposed to con-
tain mines, and of such lands as may be necessary for the
erection of buildings and works requisite for realizing the
products of said Mines, estimating the soil and situation
of said lands, to the value of Fifty thousand Dollars, &
of any chattel or personal interest to the value of Thirty
thousand Dollars, actually employed in the business of
mining.

Sec. 3. Be it further enacted, That the property of said
Corporation shall be, and hereby is divided into one hun-
dred shares, which shares shall be deemed personal estate,
to be numbered progressively, beginning at Number One,
& every original member shall have a Certificate, under
the seal of said Corporation and signed by the Treasurer,
certifying his property in such share as shall be expressed
in said Certificate.

Sec. 4. Be it further enacted, That said Corporation
shall have power, from time to time, at tmy legal meeting,
to choose a Clerk, who shall be sworn to the faithful per-
formance of his duty, a Treasurer, and such other Officers
as to said Corporation shall appear necessary, and to make
all reasonable rules and regulations, not repugnant to the
Constitution and Laws of this Commonwealth ; Provided
the proprietors of sixty-seven shares assent thereto : And
the said William Bond is hereby authorized to call the first
meeting of said Corporation, at which meeting said Corpo-
ration may agree on the mode of calling meetings in future.

Acts, 1800. — Chapter 63. 79

Sec. 5. Be it further enacted, That said shares shall '^rne8aferof
be transferable by deed, under hand & seal of the Pro-
prietor, acknowledged before some Justice of the Peace,
and recorded by the Clerk, in a book kept for that pur-
pose, and in no other manner, except as herein after pro-
vided ; and the exhibit of such deed, so recorded, and the
delivery of said Certificate to the Treasurer, shall entitle
the purchaser to a new Certificate, mutatis mutandis.

Sec. 6. Be it farther enacted, That said shares shall ^lataec8hment of
be liable to attachment on mesne process, or to be levied
on by execution at the suit of any creditor of an individual
proprietor, the Officer having attachment or levy to make,
leaving with the Treasurer, or at his usual place of abode,
special notice thereof in writing ; and said Officer's deed
to a purchaser at public sale on execution, executed, ac-
knowledged and recorded as aforesaid, shall, when pro-
duced to the Treasurer, entitle the purchaser to a new
certificate, executed as aforesaid.

Sec. 7. Be it further enacted, That when the executor Administrate™

i . . . . . /. i -. ., c, , entitled to new

or administrator of a deceased proprietor of any share or certificates.
shares, shall deliver to the Treasurer the certificate or cer-
tificates executed to said Proprietor deceased, said execu-
tor or administrator shall be entitled to receive a new
certificate of said share or shares executed to him in his
said capacity, who shall hold, sell or dispose of the same
as of any other personal estate of the deceased, and his
deed or deeds, executed, acknowledged, recorded and pro-
duced as aforesaid, and the delivery of said Certificate, or
Certificates to the Treasurer, shall entitle the purchaser
his heir or legatee to a new Certificate or certificates,
executed as aforesaid.

Sec. 8. Be it further enacted, That the Treasurer shall SSgftfg
constantly keep a schedule of the Proprietors' names, and free for inspec-
their number of shares in said Corporation, constantly open
for inspection, on demand of any person & payment of ten
cents for each inspection : And whenever any Officer shall
have process or execution against said Corporation, and
cannot find sufficient property of said Corporation to at-
tach, or whereon to levy, then the property of any mem-
ber or members of said Corporation, shall be liable in the
same manner as if the process had been instituted, or judg-
ment rendered against him or them.

Sec. 9. And be it further enacted, That the time & f a{f °fd^rtued
place of all public sales of any share or shares, shall be

Acts, 1800. — Chapter 64.

made known at least twenty days before such sale, by
publishing the same in some News paper in the County
of York, if any there be, and in the paper published by
the Printer to the General Court for the time being.

Approved March 6, 1801.

Punishment for
counterfeiting
bills, or assist-
ing therein.

Punishment for
making or
mending the
apparatus, &c.

1800, — Chapter 64.

[January Session, ch. 27.]

AN ACT MORE EFFECTUALLY TO PREVENT THE FORGERIES
OF BANK BILLS.

Sect. 1. Be it enacted, by the Senate and House of
Representatives, in General Court assembled, and by the
Authority of the same, That if any person shall falsely
make, alter, forge or counterfeit ; or cause or procure to
be made, altered, forged or Counterfeited ; or willingly
aid or assist in falsely making, altering, forging, or Coun-
terfeiting, any bill or note to the similitude of any bill or
note issued by order of the president, directors, and com-
pany of any bank or banking incorporation, which now is,
or hereafter may be established by and under the Author-
ity of this Commonwealth, or of any one of the United
States, and signed by the President and countersigned by
the Cashier thereof, with intention to defraud the said
Banks, or any other body politic or person ; — or shall
utter or publish as true, any false, altered, forged, or
counterfeited bill or note, issued, signed, and counter-
signed as aforesaid, with an intention to defraud any of
the said Banks, or any other body politic or person, know-
ing the same to be falsely altered, forged or counterfeited,
every such person, being thereof convicted before the
Supreme Judicial Court, shall be sentenced to be impris-
oned and kept to hard labour, for a term not less than
three years nor more than ten years ; or shall be impris-
oned not exceeding ten years, and fined not exceeding five
Thousand dollars, at the discretion of said Court.

Sect. 2. Be it further enacted, That if any person shall
knowingly make or mend, or begin to make or mend, any
paper, plates, rolling-press, or any tool whatsoever, used,
adapted or designed, for the making, altering, forging or
counterfeiting any of the Bills or notes aforesaid, with an
intent to use, or with an intent or expectation that the same
should be used and employed in making, altering, forging
or counterfeiting any of the Bills or Notes aforesaid ;

Acts, 1800. — Chapter 65. 81

every such person, being thereof convicted before the said
Supreme Judicial Court, shall suffer the same punishment
as is provided in the first Section of this Act, for making,
altering, forging or counterfeiting any of the bills or notes
aforesaid.

Sect. 3. Be it further enacted, That if any person shall KS"' for
have in his possession, any plate, engine, press, stamp, or po"rig,°awjth
any tool or material whatever, used, adapted or designed intent to nee in

/. , I i • i, . /. , p ., • ° - counterfeiting,

tor the making, altering, forging or counterfeiting any of &o.
the bills or notes aforesaid, with an intent to use and em-
ploy the same, or that they should be used and employed
in making, altering, forging or counterfeiting any of the
Bills or Notes aforesaid ; every such person, being thereof
convicted, before the said Supreme Judicial Court, shall
suffer the same punishment, as is provided in the first
Section of this Act for making, altering, forging or coun-
terfeiting any of the Bills or Notes aforesaid.

Sect. 4. Be it further enacted, That all laws heretofore Laws repealed,
made and passed, for the punishment of such persons as
shall make, alter, forge or counterfeit, any of the Bills or
Notes aforesaid, or who shall utter or pass the same, shall
be, and the same are here-by repealed, except so far as thej'
respect any offence committed before the passing of this
Act. Approved March 6, 1801.

1800. — Chapter 65.

[January Session, ch. 28.]

AN ACT TO CONTINUE IN FORCE AN ACT PASSED IN THE YEAR
OF OUR LORD ONE THOUSAND SEVEN HUNDRED AND NINETY
SIX, ENTITLED, "AN ACT ESTABLISHING & REGULATING THE
FEES OF THE SEVERAL OFFICERS AND OTHER PERSONS HERE-
AFTER MENTIONED, AND FOR REPEALING THE LAWS HERE-
TOFORE MADE FOR THAT PURPOSE.

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority
of the same, That the said Act be, and hereby is continued
in force, untill the last day of June, in the year of our
Lord One thousand eight hundred and two, any thing in
any Act to the contrary notwithstanding.

Approved March 6", 1801.

Acts, 1800. — Chapter 66.

Assessors
directed.

The property
which is to be
valued.

1800. — Chapter 66,

[January Session, ch. 29.]

AN ACT FOR ASCERTAINING THE RATEABLE ESTATE WITHIN
THIS COMMONWEALTH.

Sect. 1. Be it enacted by the Senate & House of
Representatives, in General Court assembled, and by the
Authority of the same, That the assessors for each town,
district and plantation in this Commonwealth, for the year
One thousand Eight hundred and One, shall, on or before
the first day of November next, take and lodge in the Sec-
retary's Office, a true and perfect list, agreeably to the list
hereunto annexed, of all Male polls, including Negroes &
Mulattoes, of sixteen years old & upwards, whether at home
or abroad, (distinguishing those of sixteen years old &
upwards, to twenty-one years, from those that are twenty-
one years old & upwards, also distinguishing such as are
exempted from taxation,) and of all rateable estate, both
real and personal, lying within, or adjacent to their respec-
tive towns, districts or plantations, (not exempted by law
from paying State taxes) expressing by whom Occupied
or possessed, particularly distinguishing such adjacent
estate, and particularly mentioning dwelling houses &
shops, under the same roof or adjoining thereto, shops
separate from them, distill-houses, sugar-houses, tan-
houses, slaughter-houses, pot, and pearl-ash works, ware-
houses, wharves, grist-mills, fulling-Mills, saw-Mills,
iron-works, and furnaces, bake-houses, and all other
buildings and edifices of the value of Twenty Dollars &
upwards, and the number of tons of vessels, and small
craft of every kind, upwards of five [s] tons burthen, com-
puting the same according to the rules established by the
Laws of the United States, whether at home or abroad :
and the amount of each persons whole Stock in trade, in-
cluding all Goods, wares, & merchandize, at home or
abroad, paid for, or not paid for, also those in their hands
by factorage, also government securities of all kinds, par-
ticularly distinguishing securities of the United States,
whether due for Loans, upon their late established funds,
or otherwise, and all other monies at interest moie than
any creditor pays interest for, also the whole amount of
all monies on hand, including such as may be deposited
in any Bank, or with any Agent, exclusive of such as may

Acts, 1800. — Chapter 66. 83

belong to any Stockholder, as such ; the amount of Stock
held by the Stockholders in any Bank ; the number of
ounces of plate of all kinds, number of shares in any toll-
bridges or turn-pikes ; horses, neat cattle, and swine, of
the respective ages, in the said list mentioned. And the
said assessors, in taking the said valuation, shall distin-
guish the different improvements of land, and return the
list in the following manner, vizt. — The number of acres
of pasture-land, with the number of Cows the same, with
all the after- feed of the whole farm, will keep ; the number
of barrels of Cyder that has been annually produced on
an average, upon the whole farm, since the last valuation ;
the number of Acres of tillage land, annually improved
for that purpose ; bushels of grain and Corn of all sorts,
the same will yearly produce ; the number of Acres of
Salt marsh, with the tons of hay annually produced there-
from ; the number of Acres of English, upland, & fresh-
meadow mowing land, with the tons of hay of each sort,
annually produced therefrom ; also all Cow rights, and all
wood land of every kind, and lands belonging to any
town, or other propriety, improved & unimproved ; also
the number of acres of land improved for roads, and cov-
ered with water, according to the best estimation of the
assessors ; and all such lands, the owners, & occupiers
of which, are holden to pay a quit-rent to Harvard-Col-
lege, pursuant to the direction of the original donor or
donors, that the same may be considered in the valuation
which may be established in pursuance of this Act ; except-
ing however, the Polls of the President Fellows, Pro- Exceptions,
fessors, (including the Professor of Divinity) Tutors,
Librarian, & Students, of Harvard, Williams, and Bowdoin
Colleges, of settled Ministers, of grammar School masters,
& Preceptors of the several incorporated Academies, with
their estates, under their own actual occupation & im-
provement, and also all the estates belonging to the said
Harvard, Williams, and Bowdoin Colleges, and to the said
Academies. — Provided always, That the several Articles Proviso.
of the produce of the lands herein before enumerated, shall
not be taken into consideration in forming a valuation
for any other purpose, than for ascertaining the relative
value of lands, in the various parts of this Commonwealth.
And the said Assessors shall cause all the Columns of the
several Articles contained in the several lists, to be care-
fully cast up and footed ; and the lists of the Polls &

Acts, 1800. — Chapter 66.

Assessors to
take an oath.

Compensation
of Assessors.

Penalty for
misconduct of
Assessors.

Individuals to
give accounts
of their estates
on oath.

rateable estates to be taken as aforesaid, shall be taken as
of the first day of May next.

Sect. 2. Be it further enacted, That the said Assess-
ors, before they enter on this work, shall take the fol-
lowing Oath or affirmation, vizt. You, A. B. being
chosen an Assessor for the year One thousand, eight hun-
dred & one, Do swear or affirm, that you will faithfully &
impartially, according to your best skill and judgment, do
and perform the whole duty of an Assessor, as directed
and enjoined by an Act of this Commonwealth, made in
the present year, entitled, "An Act for ascertaining the
rateable Estate within this Commonwealth," without favour
or prejudice. So help you God. Which oath or affirma-
tion may be administered by such Officers, as are now
authorized by law to administer the usual oaths to town
Officers. And every Assessor shall be allowed, by the
town, district, or plantation, to which he belongs, the sum
of One dollar, for every day he shall be necessarily em-
ployed, in doing the duties enjoined by this Act.

Sect. 3. And be it further enacted, That if any As-
sessor of any town, district or plantation, within this
Commonwealth, for the year aforesaid, shall refuse to
take such Oath or affirmation, or having taken the same,
shall neglect or refuse to do & perform the duties required
by this Act, or shall Act any way deceitfully therein, he
shall, for each of those offences, forfeit and pay a fine of
fifty Dollars. And every person liable to be taxed, and
not out of this Commonwealth, on and from the first day
of May next, to the first day of September next, who shall
refuse, or willfully neglect to give the Assessors, in writ-
ing, & on Oath or affirmation, if required, (which Oath
or affirmation the Assessors are hereby respectively em-
powered to administer) a true account of all his or her
rateable estate, according to the true intent and meaning
of this Act, shall be doomed by the said Assessors, ac-
cording to their best skill & judgment, to the full amount
of his or her rateable estate, and shall likewise be sub-
jected to pay a fine of Six Per Centum on the whole
amount of the sums in which they shall have been thus
doomed by said Assessors. And the Oath last-mentioned,
shall be of the following form, vizt. You C. D. do swear
or affirm that all your rateable estate, conformable to this
list here shewn by you, doth not exceed this account, by
you now exhibited, according to the best of your knowl-
edge and judgment. So help you God.

Acts, 1800. — Chapter 66. 85

Sect. 4. Provided nevertheless, and be it further En-
acted, That every person conscientiously scrupulous of beaooeptedta
taking an Oath in the form required by law, who shall be certain cases,
required to take either of the Oaths aforesaid, shall be ex-
cused therefrom, upon solemnly & sincerely affirming the
truth of the declarations, therein contained, under the
pains and penalties of perjury.

Sect. 5. And be it further enacted, That the Treas- Treasurer
urer of this Commonwealth shall forthwith transmit to
the Sheriffs of the several Counties a suitable number of
Copies of this Act, & of blank lists of the form prescribed
in this Act, sufficient for the use of the Assessors of the
several towns, districts & plantations in their several
Counties, who are hereby enjoined & required, immedi-
ately on receipt thereof, to cause the same to be delivered
to the Clerks of the several towns, districts, & plantations
aforesaid.

Sect. 6. And be it further enacted, That the Assess- Return to be
ors of each town, district, & plantation in this Common- brforeNw. i,
wealth, for the Year One thousand eight hundred & one, 1S00'
shall, on or before the said first day of November next,
transmit to the Secretary's Office, a true & attested Copy
of the valuation, by which the Assessors of said towns,
districts & plantations, made the State tax in their respec-
tive towns, districts & plantations, for the Year One
thousand eight hundred. And all fines & forfeitures, Recovery of
arising by this Act, may be recovered in any Court of
Record proper to try the same, by Action of debt, One
moiety to him or them, who shall sue for the same, and
the other moiety to the use of the Commonwealth.

Sect. 7. And be it further enacted, That the following
shall be the form of the list for the valuation, for the year
One thousand eight hundred & One.

A List of the Polls and Estates, real & personal, of the FomofVaiua-
several Proprietors & Inhabitants of the Town of

in the County of taken pursuant to an

Act of the General Court of this Commonwealth, passed
in the Year of Our LORD, One thousand eight hundred
& one, entitled, "An Act for ascertaining the rateable
property within this Commonwealth," by the Subscribers,
Assessors of the said duly elected and sworn.

Number of Polls rateable, sixteen years old & upwards
to twenty one years.

Number of Polls rateable, twenty one years old and
upwards.

86 Acts, 1800. — Chapter 66.

Number of Male Polls not rateable, not supported by
the town.

Number of Male Polls not rateable, supported by the
town.

Number of Dwelling Houses.

Number of Shops within, or adjoining to Dwelling
Houses.

Number of other Shops.

Number of Distill-houses.

Number of Sugar-houses.

Number of Tan-houses.

Number of Slaughter houses & other working houses.

Number of Pot & Pearl Ash works.

Number of Ware houses.

Number of Kopewalks.

Number of Grist mills.

Number of Fulling Mills.

Number of Saw Mills.

Number of Slitting Mills.

Number of other Mills.

Number of Iron Works & Furnaces.

Number of Bake houses.

Number of Barns.

Number of all other buildings & edifices of the value
of Twenty Dollars and upwards.

Number of Superficial feet of Wharf.

Number of Tons of Vessels & small craft of five Tons
burthen, & upwards, at home or abroad, computing the
same, according to the rules established by the Laws of
the United States.

The Amount of every person's whole stock in Trade,
goods, wares, and Merchandize, at home or abroad, paid
for or not paid for.

The annual Amount of Commissions, arising from
Factorage.

The Amount of securities of the United States, of this
State, or any of the United States, and at what[e] rate of
Interest.

The Amount of Money on hand, including such as may
be deposited in any Bank, or with any Agent, and ex-
clusive of such as may belong to any Stockholders as
such.

The Amount of Stock, held by the Stockholders in any
Bank.

Acts, 1800. — Chapter 66. 87

Number of Ounces of Plate.

Number of Shares in any Toll Bridges or Turnpikes,
and the value of such Shares with the annual income
thereof.

Number of acres Tillage land, including Orchards
tilled.

Number of bushels of Wheat.

Number of bushels of Rye.

Number of bushels of Oats.

Number of bushels of Indian Corn.

Number of bushels of Barley.

Numbe [r] of bushels of Peas & Beans raised on the said
tillage land per year.

Number of Pounds of Hops.

Number of Acres of English & upland mowing, in-
cluding Orcharding mowed.

Number of Tons of Hay, the yearly produce of the
same.

Number of Acres of fresh meadow.

Number of Tons of Hay the yearly produce of the
same.

Number of Acres of Salt Marsh.

Number of Tons of Hay, the yearly produce of the
same.

Number of Acres of Pasturage including the Orcharding
pastured.

Number of Cows the same will keep, with the after
feed of the whole farm.

Number of barrels of Cyder, which can be made yearly
upon the whole farm.

Number of Cow Rights.

Number of acres Woodland, exclus[zu]e of Pasture land
inclosed.

Number of Acres of unimproved Land.

Number of Acres of Land unimprovable.

Number of Acres of Land owned by the Town.

Number of Acres owned by any other Proprietors.

Number of Acres of land used for roads.

Number of Acres of land covered with Water.

Number of Horses three years old and upwards.

Number of Oxen four years old and upwards.

Number of Steers & Cows three years old and upwards.

Number of Swine six months old & upwards.

Amount of Estates doomed. Approved March 6, 1801.

88 Acts, 1800. — Chapter 67.

1800. — Chapter 67.

[January Session, ch. 30.]

AN ACT FOR PROVIDING A PASSAGE FOR FISH FROM MYSTICK
RIVER TO ELL POND, SO CALLED, IN THE TOWN OF MALDEN.

Preamble. Whereas sundry inhabitants of the town of Maiden,

and Samuel Tvfts, have made an agreement respecting the
passage of fish in the waters leading from My stick river,
to Ell pond in said town.

Sec. 1. Be it enacted by the Senate and House of
Representatives in General Court assembled, <& by the

Persons author- authority of the same , That it shall, and may be lawful for

ized to construct ^ ,, o i ±l u • j • i_ i_m. j. i?

a passage-way Cotton Sprague and others, being sundry inhabitants ot
the westerly part of Maiden, who have petitioned this Court
to adopt some measures for securing a passage for Shad and
Alewives from Mystick river to Ell pond, so called, in said
Maiden, at their own expence, to construct a passage way
for said fish, over the mill dam of Samuel Tufts which
stands on the stream leading from said pond, and for that
purpose to cut away so much of the waste board between
the two eastermost posts of said Dam, as to reduce the
same four inches below his right to flow, so as to admit
of said passage way to pass over said Dam in that place,
and so up said stream, which said passage way shall be
built, and kept in repair for the term of five years from
the passage of this Act, from the tenth day of April to
the twentieth day of May inclusive, in each year, at the
expence of said petitioners, unless at any time said pas-
sage way should be wantonly or maliciously injured or
destroyed, in which case it shall be the duty of the inhabi-
tants of said town of Maiden , to repair the same ; & if the
inhabitants of said town shall neglect or refuse to repair
the same accordingly, within seven days after the same
shall have been injured as aforesaid, it shall be lawful for
any one or more of said petitioners forthwith to repair the
same, and to recover of said inhabitants double the expence
of such repairing, with costs of suit, by an action on the
case, in any Court proper to try the same.
kcShiTUd"min Sec. 2. Be it further enacted, That it shall be the
repair. duty of the said Samuel Tufts, during the said term of

five years, to keep his said Dam in as good repair as it
now is ; & if at any time the same shall be out of repair,
and he shall not repair the same in a reasonable time, that

Acts, 1800. — Chapter 67. 89

it shall and may be lawful for any one or more of the
petitioners to repair the same, and to recover of said
Samuel Tufts, double the amount of the expence thereof
with costs of suit, by an action of the case, in any Court
proper to try the same ; and also that the said Samuel
Tufts shall not improve any Mill, from the fifteenth day
of April to the fifteenth day of May annually, except his
Mills for Grain.

Sec. 3d. Be it further enacted, That it shall be law- committee to

. -»«-ii i • t i- .be chosen

ful for said town of Maiden, at their annual meeting in annually.
March or April annually, during said term, to choose a
Committee of three, five or seven freeholders of said town,
whose duty it shall be, and they, or the major part of
them, are hereby authorized and impowered to keep the
stream aforesaid free and clear of all obstructions to the
passage of said Fish through the whole course of said
stream from Mystick river to Ell pond ; provided that
nothing herein contained shall give said Committee any
right to destroy or impair said Mill Dam : Provided also
that nothing in this Act contained, shall be so construed,
as in any manner to affect any interest in said stream,
or the priviledges or appurtenances thereto belonging,
claimed by said town or said Samuel Tufts.

Sec. 4. Be it further enacted, That during the said S.Dgregu-
terrn of five years, it shall not be lawful for any person to
take any Shad or Alewives in said stream, oftener or more
than two days in each week viz — from sunrise on Mon-
day morning to sunrise on Tuesday morning ; and from
sunrise on Friday morning to sunrise on Saturday morn-
ing in each week. And if any person shall offend against
this prohibition, he shall forfeit and pay the sum of ten
Cents for each fish which he may so take, to be recovered
with costs of suit, by any one or more of said Committee
who may first sue for the same, by action of debt, in any
Court proper to try the same ; one half of which forfeiture
shall enure to the use of said town, and the other half to
him or them who may sue therefor.

Sec. 5th. And be it further enacted, That this Act Duration of act.
shall continue and be in force, for and during the term of
five years next after the passing the same, and no longer,
except as to any prosecutions for any penalties or actions
for recovery of any expences which may then be depend-
ing according to the provisions thereof.

Approved March 7, 1801.

90 Acts, 1800. — Chapters 68, 69.

1800. — Chapter 68.

[January Session, ch. 31.]

AN ACT IN ADDITION TO AN ACT, INTITLED, "AN ACT TO REGU-
LATE THE ALE WIFE FISHERY IN THE TOWN OF BRIDG-
WATER, IN THE COUNTY OF PLYMOUTH, AND FOR REPEALING
ALL LAWS HERETOFORE MADE FOR THAT PURPOSE : " PASSED
IN THE YEAR OF OUR LORD ONE THOUSAND, SEVEN HUNDRED
AND NINETY SEVEN.

Whereas it is represented to this Court, that by reason
of the broken state of the Dam, at a place called the Great
River Mills, in Bridgwater, it is impracticable to take
fish at said Place: Therefore,

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the Authority
of the same, That it shall, and may be lawfull for the Town
of Bridgwater, the present Year only, to take said fish
at such times, and places as were provided by an Act,
intitled, "an Act for regulating the Alewife fishery in
the Town of Bridgwater, in the County of Plymouth,
and for repealing all Laws heretofore made for that pur-
pose," passed the ninth day of March, in the Year of our
Lord one thousand seven hundred and Ninety-one, the
law to which this is an addition to the contrary notwith-
standing : Provided, said Town shall, at their annual
meeting in March instant, vote the same, which the town
are hereby authorized to do at said meeting : — Any Law
to the contrary notwithstanding.

Approved March 7, 1801.

1800. — Chapter 69.

[January Session, ch. 32.]

AN ACT TO CHANGE THE NAMES OF BILLY HAGER, SILVANUS
COLEMAN, THE THIRD, ALEXANDER McLEOD CLARK, JOHN
TYLER, RODOLPHUS STRATTON, JAMES ALLEN AND JOHN
PARKMAN.

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the Authority
Persons whose 0f the same, That from and after the passing of this Act
altered"6 Billy Hager of Marlborough, in the County of Middle-
sex, son of William Hager, of said Marlborough, shall be
allowed to take the name of William Hager ; that Silvanus
Coleman, the third, of that name, of Nantucket, in the
County of Nantucket, son of Jonathan Coleman, of said

Acts, 1800. — Chapter 70. 91

Nantucket, shall be allowed to take the name of Davis
Coleman; that Alexander McLeod Clark, of Medfield, in
the County of Norfolk, son of Elias Clark of said Medfield,
shall be allowed to take the name of Alexander Clark ;
that John Tyler, of Boston in the County of Suffolk, son
of John Tyler late of Mendon, in the County of Worces-
ter, deceased, shall be allowed to take the name of John
Eugene Tyler; that Rodolphus Stratton, of Northfield,
in the County of Hampshire, shall be allowed to take the
name of Adolphus Smith ; that James Allen, of Boston,
in the County of Suffolk, son of Thomas Allen, of Pasque-
tank County, in the State of North Carolina, shall be
allowed to take the name of James Armour Allen ; and
that John Parkman, of said Boston, son of William Park-
man, of Concord, in the County of Middlesex, shall be
allowed to take the name of John Augustus Parkman ;
And said Persons shall, in future, be respectively known
and called by the names, which they are respectively
allowed to take as aforesaid, and the same shall be con-
sidered as their only proper names to all intents and
purposes. Approved March 7, 1801.

1800. - Chapter 70.

[January Session, ch. 34.]

AN ACT PROVIDING FOR THE CESSION OF A TRACT OF LAND
ON CAPE P0GE IN THE COUNTY OF DUKE'S COUNTY.

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the Authority
of the same, — That there be, and hereby is granted to the Land ceded to
United States of America a tract of Land not exceeding states01 e
four Acres, situated at that part of Martha's Vineyard
called Cape Poge, for the purpose of erecting a Light
House on the same ; which quantity of Land shall be laid
out by the United States at the time of erecting said Light
House, and a description thereof in writing entered in the
Registry of Deeds in the County of Dukes County.

Provided however, and be it further enacted, That the concurrent
Cession and Grant aforesaid, is upon this express condi- retained!011
tion, that this Commonwealth shall retain a concurrent
jurisdiction with the United States in and over the Land
aforesaid, so far as that all civil processes, and such Crim-
inal processes as may issue under the authority of this
Commonwealth, against any person or persons charged

Acts, 1800. — Chapter 71.

with Crimes committed without the Land aforesaid, may
be executed therein, in the same way and manner as
though this Cession had not been made & granted.

Approved March 7, 1801.

Sittings altered
in certain

1800. — Chapter 71.

[January Session, ch. 35.]

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT MAK-
ING FURTHER PROVISION IN THE JUDICIAL DEPARTMENT."

Sec. 1. Be it enacted by the Senate and House of

Representatives, in General Court assembled, and by the

Two justices to authority of the same, That any two Justices of the Su-

form <i Quorum •

in certain cases, preme Judicial Court shall constitute a quorum for hold-
ing said Court, and for discharging the duties thereof, in
like manner and to the same purposes as three or more
Justices now do by virtue of said act, whenever it may
happen that any one of the said Justices, required to make
a quorum on either of the circuits of said Court, may be
unable to sit in particular cases, by reason of sickness, by
accident, by being interested, or that he is related to, or
has been of Counsel for either of the parties.

Sec. 2. Be it further enacted, That instead of the said
Court being holden at Northampton on the third Tuesday
of September, it shall be holden at Northampton, within
and for the County of Hampshire, on the second Tuesday
of September ; and the said Court, now by law to be holden
at Worcester on the first Tuesday of September, shall be
holden at Worcester, within and for the County of Worces-
ter, on the fourth Tuesday of September ; and that instead
of the times at which the said Court is now by law to be
holden in the Counties of Plymouth and Berkshire, it shall
be holden at Plymouth, within and for the County of
Plymouth, on the fourth Tuesday of June ; and at Lenox,
within and for the County of Berkshire, on the first Tues-
day of September, and on the third Tuesday after the
fourth Tuesday of April.

Sec. 3. Be it further enacted, That all writs, recogni-
zances, warrants, complaints, appeals, and every other
matter and thing, which, before the passing of this Act,
might or should be returned to, or entered at the Court
aforesaid, at the times appointed for holding the same, by
the Act to which this is an addition, and which are hereby
altered ; and all parties & persons, that have been, or may

Provision re-
specting busi
ness com-
menced.

Acts, 1800. — Chapter 72. 93

be required or directed to appear and attend at the afore-
said times ; and all actions, suits & matters, that may be
pending in the said Court, at the times aforesaid, shall be
returned to, entered at, appear, attend, have day, and
be tried & determined in the said Court, at the times &
places appointed by this Act for holding the same, accord-
ing to the true intent & meaning thereof.

Sec. 4. And be it farther enacted, That all actions New. irrange-
and suits which were commenced in the Counties of Han- actiIons!s&c!!t,ng
cock & Washington, and which, prior to the passing of the na^cockTnd11
said Act, were pending in the said Court then next to be Washington

. , fJ- & r^ . . T . counties.

holden in the County of Lincoln, for the Counties ot Lin-
coln, Hancock, and Washington ; and all indictments &
criminal prosecutions of any kind, for offences committed
within the respective Counties of Hancock and Washing-
ton, and pending as aforesaid, together with all recogni-
zances, scire facias, and suits wherein the Commonwealth
is a party, & wherein the adverse party resides within
either of the Counties of Hancock or Washington, which
were pending as aforesaid, shall be transfered and re-
moved to, be heard, tried, have day, entered and pro-
ceeded upon in the said Supreme Judicial Court which
shall be holden at Castine, within the County of Hancock,
for the Counties of Hancock and Washington, on the tenth
Tuesday next after the third Tuesday of April next ; and
all papers, depositions and documents belonging to all
such actions, suits, indictments, scire facias, prosecutions
and recognizances, that were filed in the Clerk's office of
said Court, within the County of Lincoln, shall be deliv-
ered over to the Clerk of said Court that shall be appointed
for the Counties of Hancock & Washington.

Approved March 7, 1801.

1800. —Chapter 72.

[January Session, ch. 36.]

AN ACT DETERMINING THE TIMES AND PLACES OF HOLDING
THE SEVERAL COURTS OF GENERAL SESSIONS OF THE PEACE,
AND THE COURTS OF COMMON PLEAS IN THE COUNTIES OF
HAMPSHIRE, AND BERKSHIRE; AND ONE TERM OF SAID
COURTS IN THE COUNTY OF WORCESTER.

Sec. 1. Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by the
authority of the same, That from and after the first day sittings of in-
of July next, the times for holding the Courts of General Hampshire,

Acts, 1800. — Chapter 73.

altered.

woret'ter"1111 Sessions of the Peace and Courts of Common Pleas within
counties, and for the Counties of Hampshire and Berkshire, respec-

tively, shall annually be as follows; viz. Within and
for the County of Hampshire, at Northampton, on the
first Monday in November, and February, & on the fourth
Monday of May, and August ; within and for the County
of Berkshire, at Lenox, on the second Monday in January,
April and October, and on the first Monday of July ; at
Worcester, within and for the County of Worcester, on
the Monday preceding the first Tuesday of September,
instead of the Monday preceding the second Tuesday of
August, annually.

Sec. 2. And be it further enacted, That from, and
after the first day of July next, all the Laws heretofore
enacted, and now in force, determining the times for hold-
ing the several Courts aforesaid, within and for either of
the Counties of Hampshire, and Berkshire aforesaid, so
far as respects the times for holding the said Courts, be,
and the same hereby are repealed.

Approved March 7, 1801.

Preamble.

Fish Committee
to be annually
chosen.

1800. — Chapter 73.

[January Session, ch. 37.]

AN ACT FOR REGULATING THE TAKING AND DISPOSING OF
THE FISH CALLED ALEWIVES WITHIN THE LIMITS OF THE
TOWN OF WEYMOUTH, AND FOR THE MORE EFFECTUALLY
SECURING TO THE SAID TOWN THE ADVANTAGES THEREOF.

Whereas the Toivn of Weymouth in the County of
Norfolk at a very considerable expence, purchased and
opened a passage for the fish called Alewives into White-
man's Pond and the great Pond so called, being vjholly
within said Town, and conveyed into them a Number of
said Fish, whereby a great increase has arisen; it is
therefore but just and reasonable, that the benefits arising
from the taking and disposing of the said Fish should be
wholly vested in the said Town — Wherefore —

Sect. 1. Be it enacted by the Senate & House of
Representatives in General Court assembled and by the
Authority of the same, that the taking and disposing of
the said fish called Alewives shall be under the care and
management of a Committee of the said Town, who shall
dispose of them in such manner, for the benefit of the said
Town as they shall judge best, and1 account with the

Acts, 1800. — Chapter 73. 95

Treasurer of said Town for the proceeds thereof on or
before the first day of November annually, and the money
arising therefrom shall be appropriated to the Use of
Schooling in the said Town — And the said Committee
shall have a reasonable allowance for their Service and
lay their accounts before the Selectmen of the said Town
for allowance and approbation — And the said Com-
mittee shall consist of Five Freeholders, chosen by
Ballot in the months of March or April annually, who
shall be sworn to the faith full discharge of their duty ;
and if any person chosen to serve on the said Committee,
shall refuse to serve, or if chosen shall neglect to take
said Oath for the space of seven days after being legally
notified of such choice, he shall forfeit and pay to the use
of the said Town the sum of ten dollars.

Sect. 2. Be it further enacted, that the said Com- committee to
mittee or either of them shall have full power and uons, &c.
Authority to remove from or out of the River, Brooks
or Streams leading to the said Ponds, any obstructions
that may be made to the free passing of the said fish into
the said Ponds or repassing from them into the Sea ; And
the said Comittees going, or either of them, on to the
land of any Person or Persons for this purpose, shall not
be deemed or held as a Trespass — And the said Com-
mittee or the major part of them shall determine the
particular places where the said fish shall be taken, and
give public notice thereof by posting up one or more
Notifications, in some conspicuous place or places in the
said Town on or before the first day of May annually.
Provided however, That the said fish shall not be taken on
any other days than Mondays, Wendesdays & fridays
between the rising and sitting of the Sun on the said
days, nor by any other instrument or ways than by a
Scoop or Dipnet.

Sect. 3. Be it further enacted, that no person shall tokennwithout
catch or take any of the said fish in any of the Rivers, ^^^ the
brooks or Streams leading to or from the said Ponds
without the direction or leave of the said Committee, or
the major part of them and whoever shall presume at any
time hereafter, to take, kill or haul ashore any of the
said fish with Seines or dragnets in either of the ponds
aforementioned, or in Weymouth back River so called,
or in the River, Brooks or Streams through which the
said fish pass into the sd. Ponds, or shall with any Seines

Acts, 1800. — Chapter 74.

Town Treas-
urer to prose-
cute for
breaches of
this act.

Former law re-
pealed.

or Drag nets or in any other way obstruct the passage of
the said fish to or from the said ponds, or either of them,
or shall Obstruct the said Committee or either of them
in the Execution of their duty, in all and every of these
Cases, the offender shall for each offence forfeit and pay a
sum not exceeding thirteen dollars nor less than ten
dollars and in case the offence be committed in the night
a sum not exceeding thirty dollars nor less than twenty
dollars.

Sect. 4. Be it further enacted, That it shall be the
duty of the said Committee to give notice to the Treasurer
of the said Town of Weymouth of all offences committed
against this Act that shall come to their knowledge, and
the Treasurer thereof is hereby vested with full power
and Authority to sue for & recover, from time to time, all
tines and forfeitures encurred by any breach of this Act,
in any Court proper to try the same, and such fines &
forfeitures shall be to the use of the said Town, saving
where any person shall give information of any breach of
this Act, the informer upon conviction of the offender
shall be intitled to one third part of the forfeiture. — And
no person shall be considered as disqualified from being
an evidence on any trial that may be had pursuant to this
Act, on account of his being an Inhabitant of the said
town of Weymouth, or of his being one of the Committee
aforesaid.

Sect. 5. And be it further enacted, that an Act passed
in the year of Our Lord one thousand seven hundred &
eighty eight entitled " An Act empowering the Town of
Weymouth to regulate & order the taking & disposing
of the fish called Shad & Alewives within the limits of
that Town " be and the same is hereby repealed ; except
for the purpose of recovering any fines or forfeitures that
may have been incurred under the said Act.

Approved March 7, 1801.

1800. — Chapter 74.

[January Session, ch. 38.]

AN ACT IN ADDITION TO THE SEVERAL ACTS FOR REGULATING

ELECTIONS.

Sec 1. Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by the

Acts, 1800. — Chapter 74. 97

authority of the same, That it shall be the duty of the Assessors to
Assessors of each Town and District within this Common- annual ust of
wealth, on or before the first day of March annually, to qualified voter8-
make out and deliver to the Selectmen thereof, a correct
and alphabetical list of all such inhabitants of their respec-
tive Towns or Districts, as shall appear to them qualified
by the Constitution of this Commonwealth, or of the
United States respectively, to vote for Governor, Lieu-
tenant Governor, Senators, Representatives in the General
Court, or Representatives in Congress ; which list it
shall be the duty of such Town or District at any time
within ten days then next following, to revise and correct,
as to them shall appear necessary, so that the same shall,
in their opinion, be a complete list of such of the inhabi-
tants within their respective Towns or Districts, as shall
be constitutionally qualified to vote in the elections afore-
said. And the Assessors of every plantation, are alike
required to furnish themselves with like lists, on or
before the tenth day of March annually ; and it shall be Lists to be
the duty of the Selectmen of the several Towns and Dis- pu
tricts, & the Assessors of Plantations aforesaid, respec-
tively to publish the said list within their respective
Towns, Districts or plantations, by causing true copies
thereof to be posted up at two or more public places in
such Towns, Districts or Plantations fourteen days at
least before the first Monday in April annually ; and it
shall also be the duty of the Selectmen of such Towns or
Districts, and the Assessors of such Plantations, to be
provided with, and have a complete list as aforesaid, at
every meeting for the choice of Governor, Lieutena[n]t
Governor, Senators, Representatives of the General
Court, or Representatives of Congress, which lists shall
at all times be so corrected, previous to the opening any
such meeting, as to represent the qualified voters for the
particular election then to be made ; and no such meeting
shall be opened at an earlier hour than eleven of the selectmen to
Clock in the forenoon of the day of election ; & it shall evidence of
be the duty of such Selectmen or Assessors to be in i"alification-
session at some convenient place, immediately preceeding
such meeting, for so long time as they shall judge
necessary to receive evidence of the qualifications of
persons whose names have not been entered on the list
published as aforesaid ; and of the time and place of such

Acts, 1800. — Chapter 74.

Senators to be
voted for on one
list.

Penalty for
giving more
than one vote.

No person to
vote till per-
mitted by the
Selectmen.

Penalty for
negligence of
Selectmen.

Recovery of
fines.

meeting, public notice shall be given at the time the
lists are published, as aforesaid.

Sec. 2. Be it further enacted, That whenever a meet-
ing is holden in any town or place, for the purpose of
choosing persons for Counsellors and Senators, the Select-
men or Assessors, presiding at such meeting, be, & hereby
are directed to call on the voters in such meeting, qualified
for choosing such Officers, requiring each of them to give
in their votes on one list for as many different persons as
are then to be chosen to the same Office.

Sec. 3. Be it further enacted, That if any person at
any meeting for an election for any of the Officers afore-
said, shall knowingly & designedly give in more than one
vote or list, at any one time of balloting at any such elec-
tion, he shall, in addition to the fine already provided by
Law against any Elector giving more than one vote in
any election, forfeit and pay a fine, not exceeding Thirty
Dollars.

Sec. 4. Be it further enacted, That no person shall be
permitted to give in his vote at any meeting of a Town,
District or Plantation, holden for an election to any of the
Offices aforesaid, untill the Selectmen of such Town or
District, or the Assessors of such Plantation, presiding at
such election, shall have had opportunity to enquire his
name, and found the same in the list aforesaid ; and any
person wilfully voting, contrary to the provision of this
Act, or who shall give any false answer to such Selectmen
or Assessors, being duly thereof convicted, shall forfeit
and pay a fine not exceeding Twenty Dollars for each &
every offence, according to the nature & aggravation
thereof.

Sec. 5. Be it further enacted, That if any Selectman
or Assessor of any Town or District, or the Assessors of
any Plantation, shall knowingly & corruptly neglect, or
refuse to comply with, or to perform the several duties
respectively required of him or them, as pointed out, in
and by this Act, he shall, for each and every such offence,
forfeit & pay a fine not exceeding Fifty Dollars, accord-
ing to the nature & aggravation thereof.

Sec. 6. Be it further enacted, That all fines and for-
feitures for any breach of this Act, may be recovered by
indictment, before the Supreme Judicial Court, or by
action of debt before any Court proper to hear & deter-
mine the same ; one half to the use of this Commonwealth,

Acts, 1800. — Chapter 75. 99

and the other half to the use of any person who shall pros-
ecute or sue for the same.

Sec. 7. And be it further enacted that this Act shall
be in force from and after the first day of July next.

Approved March 7, 1801.

1800. — Chapter 75.

[January Session, ch. 39.]

AN ACT RESPECTING BOATS & LIGHTERS EMPLOYED IN TRANS-
PORTING STONES, GRAVEL OR SAND, WITHIN THIS COMMON-
WEALTH.

Sect. 1. Be it Enacted by the Senate and House of
Representatives , in General Court assembled, and by the
Authority of the same. That every boat or lighter, em- Lighters to be
ployed in transporting stones, gravel or sand, within this
Commonwealth, shall be marked at light water mark, and
at least at five other places, with the figures four, twelve,
sixteen, twenty four and thirty, legibly made, on the
Stem and Stern post thereof; which figures shall express,
the weight, such boat or lighter is capable of carrying,
when the lower part of the respective numbers shall touch
the Water, in which the said Boat or Lighter shall float.
And every person who shall use or employ any Boat or
Lighter, for the purpose of transporting Stones, gravel or
Sand, as aforesaid, which shall not be marked as in this
Act is provided, shall forfeit & pay the sum of fifty Dol-
lars, to be recovered by an Action of the Case in any
Court proper to try the same, by any Person who will
sue therefor. And any Person who shall put, or Cause Penalty for
to be put, on any Boat or lighter as aforesaid, any false al8ely marking-
marks as aforesaid, shall be subject to the like penalty to
be recoverd in like manner.

Sect. 2. And be it further enacted, That it shall be selectmen
the duty of the Selectmen, in any Town where Boats & po^pereonTto
lighters are owned, which may be employed in transport- maTk b0at8 etc-
ing Stones, gravel or sand, as contemplated in this Act,
to appoint, annually, in the months of April or May,
some suitable Person, to ascertain the Capacities of all
such Boats & Lighters, and mark the same, as is pre-
scribed in this Act; who shall be under Oath, faithfully
to perform the duty as herein prescribed.

Approved March 7, 1801.

100

Acts, 1800. — Chapter 76.

Bread to be sold
by weight.

"Weights and
marks directed.

Penalty for
offering to sell
bread not
weighed and
marked.

Former laws
repealed.

1800. — Chapter 76.

[January Session, ch. 40.]

AN ACT FOR REGULATING THE MANUFACTURE, AND SALE OF

BREAD.

Sec. 1. Be it enacted by the Senate, and House of
Representatives, in General Court assembled, and by the
authority of the same, That from and after the first day
of April next, all soft bread, whether baked in loaves or
biscuit, which shall be exposed to sale by any baker, or
other person, shall be sold by weight.

Sec. 2. Be it further enacted by the authority afore-
said, That all soft biscuit, which shall hereafter be offered
for sale, shall weigh four or eight ounces, and be marked
with the initial of the bakers christian Name, and his sur-
name at length, and the weight of the biscuit ; and all
loaves of soft bread shall be of some one of the following
weights ; vizt. one pound, two three, or four pounds, and
be marked with the weight of the loaf and the maker's
name; and if any baker, or other person, shall offer, or
expose to sale, any soft Bread or Biscuit, which shall not
severally be marked, and conform to one of the weights
before mentioned, every such person, so offending, shall
forfeit and pay the sum of eight Dollars, to be recovered
by action of debt, before any Justice of the Peace within
and for the County, where such offence shall happen, by
any person who shall sue for the same, together with legal
cost, one half of the penalty aforesaid to be for the use
of the person who prosecutes, and the other half to the
use of the poor of the Town where such offence may be
committed.

Sec. 3. And be it further enacted, That all Laws
heretofore made for regulating the assize of Bread, be,
and hereby are repealed, from and after the first day of
April next ; excepting so far as relates to the recovery of
any forfeiture, fine or penalty incurred, or which may be
incurred previous to that time by a breach of any of said
Laws. Approved March 7, 1801.

Acts, 1800. — Chaptek 77. 101

1800. — Chapter 77.*

[January Session.]

AN ACT TO APPORTION AND ASSESS A TAX OF ONE HUNDRED
& THIRTY THREE THOUSAND FOUR HUNDRED AND THIRTY
FIVE DOLLARS AND THIRTEEN CENTS, AND PROVIDING FOR
THE REIMBURSEMENT OF TWENTY THREE THOUSAND SEVEN
HUNDRED AND SEVENTY SIX DOLLARS, PAID OUT OF THE
PUBLIC TREASURY TO THE MEMBERS OF THE HOUSE OF REP-
RESENTATIVES, FOR THEIR ATTENDANCE THE THREE LAST
SESSIONS OF THE GENERAL COURT.

Sec 1. Be it enacted by the Senate and House of liej)-
resentatives, in General Court assembled, and by the au-
thority of the same, That each Town, District, Plantation
and other place herein after named, within this Common-
wealth, shall be assessed, and pay the several sums with
which they stand respectively charged in the following
Schedule. Viz.

* Not printed in session pamphlet.

102

Acts, 1800. — Chapter 77.

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120 Acts, 1800. — Chapter 77.

Section 2d. Be it further enacted that the Treasurer
of this Commonwealth, do forthwith send his Warrants
directed to the Selectmen or Assessors of each Town,
District, Plantation or other place within this Common-
wealth, the inhabitants whereof are taxed as aforesaid,
requiring such Selectmen or Assessors respectively to
assess in Dollars & Cents, the sum hereby set upon such
Town, District, Plantation or other place in manner fol-
lowing, that is to say — All the male polls above the age
of sixteen years, within their respective Towns, Districts,
Plantations, or other places adjoining them, belonging to
no other Town, District or Plantation (provided such
places were returned in the last Valuation,) all the polls
aforesaid, being Minors, Apprentices or servants, under
the government of a Master or Mistress, to be taxed to
such Master or Mistress respectively, at twenty eight
Cents each, and the remainder of such sum, so set to each
Town, District, Plantation or other place respectively as
aforesaid, (after deducting the sums assessed on the polls
as aforesaid) to assess on the inhabitants of such Town,
District Plantation, or other place as aforesaid, according
to the just value of the real estate of each inhabitant of
such Town, District, Plantation or other place respec-
tively, by him, her or them possessed on the first day of
May next, in his, her or their own right, or in the right
of others, lying within the said Town, District, Plantation
or other place improved or not improved (excepting Pews
in houses of public worship) and on the nonresident
Proprietors of real estate lying within such Town, Dis-
trict, Plantation or other place, in their own right or in
the right of others improved or not improved, saving all
agreements between Landlords & Tenants, and where no
agreement is, the Landlord to reimburse such Tenant one
half of such tax ; and also on the inhabitants of such
Town, District, plantation or other place, and all other
persons possessing estates within the same, according to
the proportion of the amount of the just value of their
respective personal estates, including monies at interest,
more than they pay interest for, although the same be
secured by an absolute conveyance of real estate, if a
bond of defeasance, or promise of conveyance has been
given, & all other debts due more than they are indebted
for, money of all kinds on hand, public securities of all
kinds, and bank stock, held in any Bank, & shares or
property held in any incorporate Bridges or Turnpike

Acts, 1800. -4 Chapter 77. 121

roads, according to the just value thereof, and also the
just amount of the value of all goods, wares & merchan-
dize, or any other stock in trade, vessels of all sorts at
home and abroad, with all their stores and appurtenances,
Mules, Horses, neat Cattle each of one year old and
upwards, & swine of six months old & upwards, and all
other property of the several kinds returned in the last
valuation, (excepting sheep, household furniture, wearing
apparrel, forming utensils, and tools of Mechanics) on the
said first day of May. And the Assessors of the respec-
tive Towns, Districts, Plantations and other places as
aforesaid, shall estimate all the before enumerated articles
at six per centum upon the real value thereof in the places
where they are (excepting unimproved lands which shall
be estimated at two per centum, where they are situated,)
and on the amount of the incomes of the inhabitants
within their respective Precincts as aforesaid, from any
profession, handicraft, trade, or employment, or gained
by trading on sea or land. And the Treasurer in his said
Warrant shall likewise require the said Assessors respec-
tively to make a fair list of such assessments, setting
forth in distinct columns against each persons name how
much he or she is assessed for polls, how much for real
estate, and how much for personal estate and income as
aforesaid ; and if as guardian, or for any estate in his or
her possession in trust, to be distinctly expressed ; and
also to insert in their rate bills the number of acres of
unimproved land which they have taxed to each of the
nonresident proprietors of lands within their respective
Towns, Districts, Plantations or other places, and also
the real value at which they have estimated the same, and
the list or lists so compleated and signed by them in
manner aforesaid, or by the major part of them to commit
to the Collector or Collectors, Constable or Constables
of such Town, District, plantation or other place respec-
tively with a Warrant or Warrants in due form of Law,
for collecting and paying the same to the Treasurer of
this Commonwealth, on or before the first day of April
in the year of our Lord, One thousand eight hundred &
two ; and also to return a Certificate of the name or
names of such Collector or Collectors, Constable or Con-
stables, with the sum total committed to them respectively
to collect, to the said Treasurer some time before the first
day of December next.

Sec. 3. And whereas there are many persons within

122 . Acts, 1800. — Chapter 77.

this Commonwealth, who are engaged in trade, & who
almost entirely negociate their business, and hire shops,
stores & wharves in other towns than where they dwell
or reside, and whose property and ability in this regard
cannot be so well known to the assessors of the several
Towns, Districts or Plantations wherein such persons
dwell or reside, as to the Assessors of the several towns
wherein their business is transacted as aforesaid ;

Be it therefore enacted, that all such persons within the
description aforesaid, shall be assessed by the Assessors
thereof, and pay taxes for such of their goods, wares, and
merchandize, or other stock in trade ships & vessels as
are sold, used and improved in such towns, other than
where they reside, and not in the towns where such
persons dwell or reside ; and they shall accordingly give
in on oath if required, a list of their whole estates respec-
tively, to the Assessors of their respective towns or places
of residence, distinguishing what part thereof is rateable
in other towns, and in default thereof shall be doomed by
the Assessors of such towns or places where they respec-
tively reside, or have their home — provided always that
this clause be not in any case so construed as to enable
any town to tax any inhabitant of any other town for any
estate for which such other town was charged in the last
Valuation.

Sec. 4. Provided nevertheless, & be it further enacted
that the President, Professors, Tutors, Librarian and
Students of Harvard, Williams & Bowdoin Colleges, who
have their usual residence there, and who enjoy no other
pecuniary Office or employment, also Ministers of the
Gospel & Latin grammar School Masters are not to be
assessed for their polls and estate under their own actual
management or improvement lying in the Towns, Dis-
tricts or Parishes where they are settled ; and also all
persons who have the management or improvement of the
estates of Harvard College, Williams College & Bowdoin
College, in this Commonwealth, are not to be assessed
for the same ; nor Indians for their polls and estates : &
if there be any others who by reason of age infirmity or
poverty are unable to pay towards the public charges,
and in the judgment of the Assessors ought to be releived
in their taxes, in any such case, the Assessors respectively
may exempt the polls and estates of such persons, or
abate any part of what they are set at as they on their
oaths shall deem just and equitable.

Acts, 1800. — Chapter 77. 123

Sec. 5. Be it farther enacted, that the Justices ot
the Peace, at their several Sessions in their respective
Counties, when duly authorized for the assessment of a
County Tax, shall apportion the same on the several
Towns, Districts, Plantations & other places in their
respective Counties as aforesaid, in the respective pro-
portions of this Tax ; & the Assessors of each Town,
Parish, District or other place within this Commonwealth,
in making County, Town, Parish or Society Taxes, shall
govern themselves by the same rules, and assess the polls
in their respective Towns, Parishes, or Societies, in the
same proportions as the said polls pay towards the several
sums, with which the said Towns or other places, by this
Act, respectively stand charged having regard to all such
alterations of polls or property, as may happen within
the same, subsequent to assessing the Tax laid by this
Act:

Provided always, that it shall and may be lawful for
any Town District or Plantation, to levy, make and
collect any County, Town, Parish or Society Tax and
for that purpose to cause a Valuation to be taken at any
time of the year, which the said town or other place shall
determine to be expedient at a legal meeting warned for
that purpose. And the Assessors of the several Towns,
which by this Act are charged with the pay of Repre-
sentatives, shall assess such additional sum on the polls
and estates as aforesaid within their respective towns, and
shall apportion the same in the same proportion, at which
such polls and estate shall be respectively set, for raising
the sum of One hundred & thirty three thousand, four
hundred & thirty five Dollars, & thirteen Cents.

Sec. 6. Be it further enacted that the Treasurer of
this Commonwealth shall send his Warrant to the Sheriff
of the County of Lincoln requiring him to collect the sum
by this Act assessed on the lands belonging to the Plym-
outh Company, so called ; and shall issue his Warrant to
the Sheriff of the County of Hancock, requiring him to
collect the sums which by this Act are directed to be
assessed on the lands lying within the claims of the heirs
and assigns of the late Brigadier Waldo, also of the Lin-
colnshire Company of twenty Associates, and of the Ten
original Proprietors so called, all which sums are to be
collected in the same manner as Collectors or Constables
are authorized, & directed to proceed in collecting the
Taxes laid on non-resident proprietors of unimproved

124

Acts, 1800. — Chapter 77.

lands, and to be paid into the Treasury of this Common-
wealth on, or before the first day of April in the year of
our Lord, One thousand eight hundred and two.

Sec. 7. Be it farther enacted, that no order shall be
drawn by the Treasurer of this Commonwealth, on any
Constable or Collector of this Tax, for any part of the
same.

Sec. 8. Be it further enacted, that Twenty thousand
Dollars of the sum ordered to be assessed & paid by this
Act, be and hereby is appropriated towards paying the
interest on the public debt, and the residue for defreying
the expenses of Government.

Sec. 9. And he it farther enacted that the Selectmen
or Assessors of each Town, District, Plantation or other
place within this Commonwealth, the inhabitants whereof
are to be taxed as required in this Act, be, and hereby
are directed to make their several rate lists, to be com-
mitted to Collectors or Constables in the forms prescribed
at the foot of this Act.

Form of Rate Lists to be made by Assessors & committed to Collectors
or Constables.

STATE TAX.

Names of Persons
to be Taxed.

No.
of Polls.

Personal estate
& income.

Dollars. Cents.

Form of Rale Lists of non-resident Proprietors of unimproved lands.

STATE TAX.

Names of

Persons to

be taxed

— if known.

No. of
each lot,
if known.

No. of

Division or [or]

description of

the range,

if known.

No. of
Acres.

Dollars. Cents.

Approved February 28, 1801.

RESOLVES

MASSACHUSETTS

1800.

EESOLVES

GENERAL COURT

Commonwealth of Massachusetts,

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUFFOLK,

ON WEDNESDAY, THE TWENTY-EIGHTH DAY OF

MAY, ANNO DOMINI, 1800.

BOSTON :

PRINTED BY YOUNG & MINNS,

Printers to the Honorable the General Court.

Reprinted by Wright & Potter Printing Company, State Printers.

RESOLVES

GENERAL COURT OF THE COMMONWEALTH
OF MASSACHUSETTS.

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF
SUFFOLK, ON WEDNESDAY, THE TWENTY-EIGHTH DAY
OF MAY, A. D. 1800.

His Excellency CALEB STRONG, Esquire.
Governor.

His Honor MOSES GILL, Esquire.*
Lieutenant Governor.

COUNSELLORS.

Honorable Elisha May,

Nathaniel Wells,
Elijah Brigham,
Fisher Ames,
Esqrs.

Honorable Thomas Dawes,
John Hastings,
Eleazer Brooks,
Oliver Wendell,
Stephen Choate,
Esqrs.

SENATORS. ■
Hon. SAMUEL BHILLIPS, Esq. L.L.D. President.
County of Suffolk. Middlesex.

Hon. John C. Jones,

Hon.

Jonathan Mason, Esqrs.

Essex.

Ebenezer March,
John Treadwell,
Nathaniel Marsh, Esqrs.

Hon. Ebenezer Bridge,
Timothy Bigelow,
Josiah Bartlett, Esqrs.

Hampshire.
Hon. David Sexton,
Samuel Fowler,
Thomas Dwight,
Ebenezer Hunt, Esqrs.

* His Honor Moses Gill, was chosen Lieutenant Governor, by a very large
majority of the suffrages of his fellow-citizens, but died on the 20th of May, before
his induction to office for the present year.

130

Resolves, 1800. — May Session.

York.

SENATORS— Concluded.

Cumberland.

Hon. Simon Frye,

Richard F. Cutts, Esqrs.

Plymouth.

Hon. Isaac Thompson,

Beza Hayward, Esqrs.

Bristol.
Hon. Samuel Tobey, Esq.

Barnstable.
Hon. John Dillingham, Esq.

Dukes County and Nan-
tucket.

Hon. Isaac Coffin, Esq.

Worcester.

Hon.Josiah Stearns,
Salem Towne,
•Bezaleal Taft,
Thomas Hale, Esqrs.

Mr. EDWARD P. HAYMAN, Clerk.
Dr. PETER THACHER, Chaplain.

HOUSE OF REPRESENTATIVES.
Hon. EDWARD H. ROBBINS, Esquire, Speaker.
County of Suffolk.
Boston, Joseph Russell, Boston, Joseph Hall,

William Smith, Samuel Parkman,

Samuel Cobb, Nathan Frazier,

John Lowell, jun. Eingham, Jotham Gay.

Hon. Stephen Longfellow,
Daniel Davis, Esqrs.

Berkshire.

Hon. William Williams,

David Rosseter, Esqrs.

Lincoln, Hancock, Washing-
ton AND KENNEBECK.

Hon. Alexander Campbell,

Nathaniel Dummer, Esqrs.

Norfolk.

Hon. William Aspinwall,
Benjamin Hichborn,
John Ellis, Esqrs.

County
Salem, Ebenezer Beckford.

Benja. Pickman, jun.

William Prescott.
Da livers, Gideon Foster,

Samuel Page.
Ipswich, Nathaniel Wade,

Joseph Swazey,

Jonathan Cogswell.
Newbury, Josiah Little.
Neivburyport, Enoch Titcomb,

William Coombs,

Jonathan Marsh,

Joshua Carter,

William Bartlett.

of Essex.

Marblehead, Elisha Story,

Joshua Prentiss,

John Selman.
Lynn & Lynnfield, James Robin-
son,
Andorer, Joshua Holt,
Beverly, Moses Brown,

James Burnham,

John Stephens.
Rowley, George Todd.
Salisbury, Samuel March.
Haverhill, Benjamin Willis.
Gloucester, John Rowe,
Amesbury, Joseph Hoyt,

Kesolves, 1800. — May Session.

131

HOUSE OF REPRESENTATIVES— Continued.
County of Essex — Concluded.
Bradford, Peter Russell, Wenham, Samuel Blanchard,

Methuen, William Russ,
Boxford, Thomas Perley,

Hamilton, Manassah Cutler.

County of Middlesex.

Cambridge, Aaron Hill,

Jeduthan Willington.
Watertown, William Hunt,
( ^harlestown, Aaron Putnam,
Woburn, Loammi Baldwin,
Concord, Joseph Chandler,
Newton, Timothy Jackson,
Reading, James Bancroft,
Marlborough^ Jonathan Weeks,
Billcrica, Oliver Crosby,
Framingham, Jonathan Ma}'-

nard,
Lexington, Joseph Simonds,
( 7/i Imsford, William Adams,
Sherburne, Daniel Whitney,
Sudbury, Jonathan Rice,
Maiden, Jonathan Oaks,

Weston, Artemas Ward,
Medford, Nathaniel Hall,
Hopkinton, Timothy Shepherd,
Westford, Amos Fletcher,
Walt/mm, Abner Sanderson,

Stow & f Charles whitman,

Boxboro , $

Pepperell, Joseph Heald,

Dracut, William Hildreth,

Townsend, John Campbell,

Holliston, James Mellen,

Acton & ) j Brooks,

Carlisle, S

Lincoln, Samuel Hoar,

Ashby, Stephen Patch,

E. Sudbury, Jacob Reeves.

County of Hampshire.

Springfield, George Bliss,

W. Springfield, Jonathan Smith,

jun.
Wilbraham, John Bliss,
Northampton & Easthampton,

John Taylor,
South Hadley, Ruggles Wood-
bridge,
Amherst, Zebina Montague,
Qranby, David Smith,
Hatfield, John Hastings,
Wcsl field, James Taylor,
Williamsburg, Elisha Hubbard,
Conway, Malachi Maynard,
Brimfield, Abner Morgan,
S. Brimfield & Holland, Oliver

Wales,
New Salem, Varney Pearce,
Worth iugtnn, Ezra Starkweather,
Chesterfield, Spencer Phelps,
Monson, Abner Brown,
Pclham, Isaac Abercrombie,

Hadley, Samuel Porter,
Palmer, James Smith,
Montague, Henry Wells,
Norlhfield, Elisha Hunt,
Bclchcrtown, Park Holland,
Colrain, Hugh McLellan,
Charlcmonl, Joseph Nash,
Southwich, Saul Fowler,
Granville, David Robinson,

Israel Parsons.
Greenfield & Gill, Solomon

Smead,
Southampton, Lemuel Pomeroy,
Blandford, William Knox, 3d.
Bcrnardston & Leyden, Lemuel

Foster,
Westhampton, Aaron Fisher,
Buekland, Lemuel Taylor,
Cummington & Plainjield, Eben-

ezer Snell,
Long Meadow, Hezekiah Hale.

County of Plymouth.

Plymouth, Nathaniel Goodwin, Middlcboro\ Nathaniel Wilder,

Scituate, Elijah Turner, Rochester, Elisha Ruggles,

Marshfield, Elisha Phillips, Plimpton, Seth Clashing,

Bridgewaler, Nahum Mitchell, Pembroke, Kilborn Whitman,

132 Eesolves, 1800. — May Session.

HOUSE OF REPRESENTATIVES — Continued.
County of Plymouth — Concluded.

Kingston, Jedediah Holmes, Hanover, Benjamin Bass,

Abington, Aai*on Ilobart, Carver, Nathaniel Sherman.

County of Barnstable.

Barnstable, Isaiah L. Greene, Wellfleel, Lemuel Newcomb,

Sandwich, William Bodfish, Falmouth, David Nye,

Yarmouth,, David Thacher, jun. Chatham, Richard Sears,

Easlham, Elisha Mayo, Orleans, Richard Sparrow.
Harwich, Ebenezer Broadbrooks,
jun.

County of Bristol.

Taunton, Nicholas Tillinghast, Raynham, Josiah Dean,

Rehobolh, Frederick Drown, Easton, Abiel Mitchell.

Stvanzey, Christopher Mason, Mansfield, Benja. Bates,

Dartmouth, Holder Slocum, Berkley, Luther Crane,

Norton, David Clap, New Bedford, Seth Spooner,

Dighton, George Ware, Somerset, Phillip Bowers.
Freetown, Nathaniel Morton, jun.

County of York.

York, Joseph Bragdon, Arundel, Thomas Pei'kins, 3d.

Kittery, Andrew P. Fernald, Pepperellborough, Richard Cutts,

Wells, Nathaniel Wells, Lebanon, Thos. M. Wentworth,

Jacob Fisher. Buxton, Jacob Bradbury.
Berwick, John Lord,

County of Duke's County.

Edgurlon, William Mayhew, Chilmark, Matthew Mayhew, jun.

County of Nantucket.
Nantuc/cet, Micajah Coffin.

County of Worcester.

Worcester, Nathaniel Paine, Sturbridge, Josiah Walker, •

Lancaster, Samuel Ward, Hardwick, John Hastings,

Mendon, Phillip Ammidown, Western, Joseph Field,

Brookfteld, John Cutler, Leominster, Jonas Kendall,

Oxford, Silvanus Town, Holden, John Dodds,

Charlton, Levi Davis, Douglas, Aaron Marsh,

Sutton, Jonathan Woodbury, Grafton, Nathaniel Adams,

Leicester, Thomas Denny, Royalsion, John Norton,

Spencer, Benjamin Drury, Petersham, Daniel Bigelow,

Rutland, Daniel Walker, Alhol, Josiah Goddard,

Hubbardston, William Marean, Templeton, Leonard Stone,

New Braintrce, Benjamin Josslyn, Princeton, Ebenezer Parker,

Southborougli, Elijah Brigham, Winchendon, Samuel Prentiss,

Northborough, Nahum Faye, Dudley, Aaron Tufts,

Shreivsbury, Jonah Howe, Barre, Edmund Howes,

Lunenburg, Thomas Kimball, Milford, Samuel Jones,

Harvard, Joseph Stone, Sterling, Benjamin Richardson,

Bolton & Berlin, Silas Holman, Boylston, James Longley.

Resolves, 1800. — May Session.

133

HOUSE OF REPRESENTATIVES — Continued.
County of Cumberland.

Falmouth, Archelaus Lewis,
Portland, Woodbury Storer,
North Yarmouth, Samuel P. Rus-
sell,
Scarborough, Joseph Emerson,
Cape Elizabeth, Mark Dyer,

Brunswick, Ebenezer II Goss,
Harpswell, Benjamin Dunning,
New Gloucester, Nathl. C. Allen,
Freeport, John dishing,
L ice r more, David Lamed.

County of Lincoln.

Pownalboro"1 , David Payson,
Georgetown, Mark Langdon Hill,
New Castle, John Farley,
Topsham, Benja. Jones Porter,
Bristol, Samuel Tucker,

Camden, Samuel Jacobs,
Thomaston, Henry Knox,
Gushing, John McKellar,
Bowdoin, James Rogers,
Litchfield, John Neal.

County of Berkshire.

Sheffield & Mt. Washington, Paul
Dewey,

Great Barrington, John Kellogg,

Partridgefield, William Frissell,

New Marlborough, Benjamin
Wheeler,

Williamsloion, Tompsou J. Skin-
ner, William Young.

Lanesborough & New Ashford,
Gideon Wheeler,

Pittsfield, John Chandr. Williams,

Lenox, Joseph Goodwin,
Stockbridge, Ephraim Williams,
Egrcmont, Joseph Benjamin,
Tyringham, Adonijah Bidwell,
Sandisfield & Southjicld, John

Canfield,
Windsor, Joshua Beals,
Richmond, Nathan Pierson,
West Stockbridge, Ezekiel Stone,
Adams, Abraham Howland,
Cheshire, Daniel Brown.

County of Hancock.

Sullivan, Paul Dudley Sargent. Hampden, Daniel Neal.
Orrington, Oliver Leonard.

County oj Washington.
Machias, Phineas Bruce.

County of Norfolk.

Roxbury, Ebenezer Seaver,

Joseph Ruggles,

Joseph Heath.
Dorchester, John How,

Perez Morton.
Milton, Edward H. Robbins,
Brainlree. Ebenezer Thayer,
Weymouth, Eliphalet Loud,
Dedham, Isaac Bullard,
Brookline, Stephen Sharp,
Medjicld & Dover, John Baxter,

Stoughton, Lemuel Gay,
Sharon, Jonathan Billings,
Medway, Abner Morse,
Walpole, Seth Bullard,
Wrentham, Nathan Comstock,
Franklin, John Boyd,
Bellingham, Laban Bates,
Cohasset, Thomas Lothrop,
Quincy, Moses Black,
Randolph, Joseph White,
Canton, Joseph Bemis.

134 Kesolves, 1800. — May Session.

HOUSE OF REPRESENTATIVES - Concluded.
County of Kennebeck.

Winslow, Elnathan Sherwin, Lewiston, John Herrick,

Hallowcll, Thomas Fillebrown, Monmouth, John Chandler,

Winthrop, Nathan Fairbanks, Farminglon, Stephen Titcomb,

Pittaton, Samuel Oakman, Mount Vernon, Nathaniel Dudley.

HENRY WARREN, Esq Clerk.

Rev. THOMAS BALDWIN, Chaplain.

Chapter 1.

RESOLVE FOR THE CHOICE OF AN ADDITIONAL NOTARY PUBLIC
FOR ESSEX CO. TO RESIDE IN SALEM.

Resolved, That for the better accommodation of the
Inhabitants of Salem in the County of Essex, there be
chosen for the present year an additional Notary Public
for said County, to reside in said Town.

June 4, 1800.

Chapter 2.

RESOLVE ON THE PETITION OF WILLIAM FESSENDEN, AS GUAR-
DIAN TO THE HEIRS OF HENRY YOUNG BROWN, ESQ. GRANT-
ING THE HEIRS A FURTHER TIME TO PAY A CERTAIN SUM
OF MONEY.

On the Petition of William Fessenden as Guardien to
the Heirs of Henry Young Brown Esqr. deed, praying
the resolve passed Feby. 26th 1799, directing the Treas-
urer of the Commonwealth to give up and discharge a
bond in the Treasurers Office, dated Feby. 16th 1765,
signed by Henry Young Brown & others conditioned for
the payment of two hundred pounds.

Resolved that a further time of one year be given to the
Heirs of said Henry Young Brown deed, to pay into the
Treasury — five Hundred dollars in full for the above bond,
they paying Intrest on the last mentiond sum from the first
day of June Instant. June 4, 1800.

ANSWER OF THE SENATE TO THE GOVERNOR'S SPEECH AT
THE OPENING OF THE SESSION.

May it please your Excellency,

The Senate, with partieular and sincere satisfaction,
offer you their congratulations upon your election to the

Resolves, 1800. — May Session. 135

Chief Magistracy of the Commonwealth. Your fellow
citizens by their free and uninfluenced suffrages, have
called you to preside in their councils, and constituted
you their political father. We rejoice in common with
the friends of virtue, patriotism, and religion, in this dis-
tinguished mark of their affection and confidence ; and
we indulge the pleasing expectation and belief, that your
administration will be guided by that spirit of mildness,
and that unshaken attachment to the Government and its
laws, which during a long series of publick Services you
have so eminently manifested.

The loss which our country has lately sustained, by the
death of some of its most worthy and beloved citizens, is
a subject of " Mournful regret," and affords a solemn les-
son, to those who are called to succeed them in places of
honor and preferment. And we trust that its instructive
and affecting influence, will have a tendency to double
their zeal in the cause of virtue and their Country. The
removal of the late Governor Sumner by death was in-
deed an afflicting event. Amiable and exemplary in pri-
vate life ; punctual, intelligent, vigilant, and patriotic in
his public functions, he would long have continued the
friend, the ornament, and the pride of his fellow citizens,
if their affections and prayers could have prolonged his
useful and valuable life.

America has lost in General Washington her first and
best friend ; and the world, a disinterested and an enlight-
ened benefactor ! That such a man, under Providence,
was the founder of our government, and the able and
faithful guardian of its rights; — that he conducted its
armies to victory, and its citizens to independence and
happiness;. — that he stood firm and uncorrupted at the
helm of the nation, amidst the storms of party, and the
dangerous and uncertain operation of systems of experi-
ment; — that he triumphed over vice, anarchy, and the
enemies of publick order ; — that he has transmitted to
posterity a new and great example of private and patri-
otic virtue ; and therein an inheritance, which if rightly
improved, will extend its happy influence to remotest pos-
terity ; — And that he closed the career of a life devoted
to his country and the good of mankind, with the hopes
and joys of a philosopher and a christian, are considera-
tions which ought, amidst the universal sorrow for his
loss, to create in the breast of every American, not

136 Resolves, 1800. — May Session.

only the highest gratitude, but an unalterable attachment
to his country's welfare.

We realize with your Excellency, and our fellow citizens
at large, the loss sustained by the death of the late Lieu-
tenant Governor. The early friends of American freedom
will long remember with gratitude, his zeal and faithfulness
in her cause. His reward has been the unequivocal tes-
timony of the esteem of his fellow citizens, by their re-
peated and almost unanimous elections to the second Office
in their gift.

Whatever may be the event of our negociations with
the French Government, it will be a source of satisfaction
to the People of the United States, that every measure
has been adopted, which wisdom and prudence could dic-
tate, to reconcile our differences in an amicable manner.
Having been patient under multiplied and aggravated en-
croachments upon our rights as a neutral nation, we have
the fullest confidence, that the independent and enlight-
ened citizens of America, will cheerfully submit to every
measure and every duty, which the safety and honor of
their Country may demand. We cordially unite with
your Excellency in opinion that the restoration of har-
mony will greatly depend upon our preparations for de-
fence. And when the faithful pen of history, shall record
our sincere and ardent desires for reconciliation and
peace, may it also record the grateful acknowledgments
of Americans, to the Author of every " good and perfect
gift," for the blessings of the best government by which
society has ever been united.

The Senate receive and reciprocate with great satisfac-
tion and sincerity, your Excellency's sentiments upon the
subject of morality and religion.

Our Ancestors early recognized the great and important
truth, that religion and good government are intimately
connected, and must stand or fall together.

If the People of New England have experienced great
prosperity, or manifested an attachment to the interests
of Science, beyond any former example, it is evidently
the salutary result of those institutions of religion and
learning, which were among the first works of their pious
and patriotic founders. We lament with deep regret, the
disposition of any of our citizens, to depart from the an-
cient manners and habits of our Country. In a govern-
ment like ours, which can be supported only by the virtue

Resolves, 1800. — May Session. 137

and the intelligence of the people, its foundation is essen-
tially undermined and endangered, by a propensity to inno-
vation and licentiousness. We shall consider it among the
first duties of the legislature to endeavour, by every
rational and constitutional method, to check its alarming
progress ; and we feel a sincere and unfeigned gratifica-
tion, that the principles and example of your Excellency
will not only have a tendency to support and encourage
the friends of religion, but also to reclaim its deluded
enemies.

The good effects of our ancient religious institutions
have been so long and so amply experienced that we ar-
dently hope the legislature will consider their support and
encouragement, among the first objects of its care ; and
that the people at large, will be enabled to form a just esti-
mate of their nature and excellence.

Your Excellency will be pleased to accept the assur-
ances of the Senate, of their cordial wishes for the suc-
cess of your administration ; and Ave join with you in the
solemn supplication, that the " Almighty may succeed our
united endeavours to render the people of the Common-
wealth, prosperous and happy." June 5, 1800.

ANSWER OF THE HOUSE OF REPRESENTATIVES TO THE GOV-
ERNOR'S SPEECH AT THE OPENING OF THE SESSION.

May it please your Excellency,

The invitation of the citizens of a State so large &
respectable as that of Massachusetts, at a moment so in-
teresting as the present, to fill the important office of its
Chief Magistrate, as it evinces the public opinion of the
virtues and talents of the Man thus distinguished, must
be highly gratifying to a patriotic mind.

The integrity and ability with which you have per-
formed the various duties of the high and important sta-
tions in which you have been placed leave us no room to
doubt that you will fill your present dignified office with
reputation to yourself, and satisfaction to the Community,
notwithstanding the apprehensions which you have been
pleased to express. Indeed our expectations are raised
from our past observation, that diffidence, virtue and
talents are almost inseperable companions.

If errors, from which no mortal is exempt, should elude
your Excellency's wisdom, you may place a just reliance

138 Kesolves, 1800. — May Session.

on the candor & magnanimity of your fellow citizens —
As the mistakes of virtue they would obliterate them from
their recollection.

The occasion unavoidably obtrudes upon our reflections
the unexampled losses we have lately sustained by the
decease of some of our most respected fellow citizens.
By the death of our late excellent Governor this State was
deprived of a man, who was greatly & deservedly esteemed
in private, and highly respected in public life. Since
which afflictive dispensation, the whole Nation has been
called to lament the loss of the illustrious Washington,
the first and best of men ; and however vain the attempt
to rival his singular greatness and attainments, would be,
yet his integrity, his" purity, his unaffected piety, his re-
spect for religious institutions, and his zeal for the public
good may, and ought to be imitated by all.

We regret with your Excellency the recent death of our
Chief Magistrate the Lieutenant Governor — An early
decided & firm friend to the rights of his Country, who
long experienced the confidence of his fellow citizens in va-
rious high and distinguished offices in the Commonwealth.

Quiting these subjects of mournful regret, we ought to
cherish the most fervent gratitude to the Supreme Being,
that we enjoy the blessings of a free and undisturbed
Government — that the laws are respected — and that
notwithstanding any diversity of political opinion, inter-
nal tranquility, domestic happiness, good humour and
kind offices so generally prevail among the citizens of this
Commonwealth.

While carnage and desolation with unusual fury have
laid waste some of the fairest portions of Europe, it has
pleased Divine Providence to permit this Country to pro-
gress in the cultivation of those useful arts which enrich
and ameliorate the condition of man.

Invited by their resources, their extensive sea coast,
and their characteristic enterprise, to embark largely in a
Commerce rendered doubly profitable by their neutrality,
the United States have experienced frequent interruptions
to their trade by unprovoked infractions of the law of
Nations.

Within the last few years these injuries have proceeded
from a Nation for whom we had cherished the most friendly
sentiments, and the most conciliating measures to obtain
redress, which human wisdom could devise, have been

Resolves, 1800. — May Session. 139

pursued without success. We did not even place our-
selves in a posture of defence, untill the roused feeling's
of the American People taught them a sentiment, which
the late President had often in vain addressed to their un-
derstandings, " that if we desire peace, it must be known
that we are prepared for war."

The history of our intercourse with foreign Nations
will be the lasting record of the purity, the impartiality
the pacific policy, the wisdom and the prudence of the
Executive Authority of the United States. It must be
satisfactory to know that hopes are entertained that the
existing negotiation with the French Government will put
an end to the injuries we have so long and so justly com-
plained of. Every enlightened friend to his Country
must ardently desire, that we may not be compelled to
renounce the advantages of our neutral situation : — How-
ever, the event is in the hand of God, and let it terminate
as it may, it is the duty of all good citizens to adhere to
the Government of their choice, and to submit with cheer-
fulness to those expenses which have been the price of
their security. If in the issue of our controversy with
France, we should not have occasion to resort to arms, it
may be attributed, in a great measure, to the spirited
preparations which we had made for resistance.

We agree with your Excellency that the Constitution
has summarily pointed out the great duties of Legislatures
and Magistrates, and if, in the discharge of our respective
trusts, we adhere to the spirit, as well as the letter of that
Constitution, we may reasonably flatter ourselves that
" public and private charity, industry & frugality, hon-
esty and punctuality, sincerity, good humour and all
social affections and generous sentiments " will prevail
among the people.

As the distribution of public employments depends in
a great measure upon the first Executive Magistrate, we
felicitate ourselves and our fellow citizens, upon the elec-
tion of a man who will with the strictest impartiality se-
lect and reward superior talents and meritorious services,
when accompanied by a virtuous life, and moral and relig-
ious principles.

No opinion has been more prevalent among civilized
nations, & we believe none better founded, than that "re-
ligious principles in the people are essential to morality
and the support of lawful Government, and that the obli-

140 Resolves, 1800. — May Session.

gation to piety is imposed on man by his nature." If
lately these opinions have been ridiculed, and demoraliz-
ing Philosophers have patronized sentiments diametrically
opposite, — if the authenticity of revealed religion has
been openly denied and its doctrines represented as un-
friendly to social or individual happiness — If the Author
of our Holy Religion has been vilified in some Countries,
and man reduced to a level with the brute creation by
denying the immortality of the Soul ; it becomes us who
have so lately and so solemnly professed our belief of the
truths of Christianity to endeavour to prevent the progress
of these principles of infidelity by every mild and prudent
measure — by promoting the means of general knowledge
and information, — 'by excluding vicious and profligate
persons from the instruction of youth, — by encouraging,
and supporting honorably public teachers of religion &
morality, and more especially enforcing by example the
effects of that pure religion which we regard as the surest
source of human felicity.

In your Excellency's laudable, patriotic and zealous
exertions for the public good, we place the fullest confi-
dence ; and we doubt not your ready concurrence in every
measure tending to secure to the people the benefits of a
mild and just Government ; and we most cordialy join
with your Excellency, in supplicating the Almighty Ruler
of Nations to succeed our mutual endeavours to promote
the peace, prosperity and happiness of this Common-
wealth. June 5, 1800.

Chapter 3.

RESOLVE ON THE MEMORIAL OF THE CLERK OF THE COURT
OF GENERAL SESSIONS OF THE PEACE FOR THE COUNTY
OF DUKES COUNTY, AUTHORIZING HIM TO ISSUE HIS WAR-
RANT TO THE CONSTABLES OF THE SEVERAL TOWNS, TO
ELECT GRAND JURORS, AS PRESCRIBED BY LAW.

Whereas the Justices of the Court of General Sessions
of the peace holden at Edgartown within and for the
county of Dukes County on the third Tuesday of April
last dismissed the Grand jurors returned to serve in said
Court of General Sessions for the current year on account
of the illegality of their appointment by reason whereof
the said County is destitute of a Grand jury & no provi-
sion is by law made for the appointment of a new Grand
jury : Therefore

Kesolves, 1800. — Mat Session. 141

Resolved that the Clerk of the Court of General Ses-
sions of the peaee for sd. County be & he is hereby
authorised and empowered to issue his warrant to the
constables of the several towns in said County requiring
them severally to elect & appoint in manner as is by law
prescribed such & so many good & lawful men as have
been usually directed to serve as Grand jurors for said
County at the several Courts of General Sessions of the
peace in said County untill by law a new grand jury can
be summoned — and the Constables of the several towfis
to whom such warrants shall be directed & the selectmen
& town clerks of said towns shall be holden to perform
all the duties enjoined on them & subject to the penalties
by law prescribed in like manner as in case of Grand
jurors chosen and appointed at the usual annual town
meetings in march or april — and the said Grand jurors
appointed & chosen pursuant to this resolve shall possess
like qualifications be subject to like penalties & per-
form like duties as if chosen at the annual town meetings,
and the doings & proceedings of the Grand jury appointed
pursuant to this resolve shall be in all respects valid as
though chosen in March last. June 5, 1800.

Chapter 4.

RESOLVE ON THE PETITION OF JOHN EMERY, AGENT IN BE-
HALF OF THE BAPTIST SOCIETY IN BERWICK, RENDERING
VALID THE PROCEEDINGS OF SAID SOCIETY.

On the petition of John Emery, Agent for and in behalf
of "the Baptist Society in Berwick," in the County of
York, shewing that said Society purchased, in the year
1796, a parsonage farm for the benefit of the minister
thereof, for the sum of one thousand dollars, and that
doubts have arisen respecting the validity of the votes
and proceedings of said Society, in purchasing said farm,
and voting the said sum for that purpose — Therefore

Resolved, that all the votes and proceedings of said
Society respecting the purchasing of said farm, and vot-
ing, granting and collecting the said sum of one thousand
dollars for the purpose aforesaid be and hereby are made
legal and valid to all intents and purposes whatsoever,
any informality in the same to the contrary notwithstand-
ing. June 6, 1800.

142 Kesolves, 1800. — Mat Session.

Chapter 5.

RESOLVE APPOINTING A COMMITTEE TO SETTLE THE TREAS-
URER'S ACCOUNTS.

Resolved, that the Honorable Thomas Dawes and John
Coffin Jones Esquires be a committee to examine and
adjust the Accounts of the Treasurer of this Common-
wealth, from the first day of July last, to the first day of
July next, and that the said Committee are impowered
and directed to deface all notes, due bills and orders,
issued under the authority of this Commonwealth, by any
Officer thereof, that have been redeemed by the Treas-
urer during the time aforesaid : And to report an account
of their proceedings at the Session of the General Court
which will be next after the first day of January next.

• June 6, 1800.

Chapter 6.

RESOLVE RESPECTING THE CHOICE OF ELECTORS OF PRESI-
DENT AND VICE PRESIDENT OF THE UNITED STATES, AND
REQUESTING THE GOVERNOR TO TRANSMIT A CERTIFICATE
OF SUCH CHOICE.

Resolved that the General Court on the thirteenth day
of November next (being then in session) will by joint
ballot of the Senate & House of Representatives elect and
choose Sixteen persons as electors of President and Vice
President of the United States, not being Senators or
Representatives in the Congress of the United States, or
Persons holding any Office of Trust or Profit under said
United States ; one of whom at least, shall be an inhabitant
of each district, which is or may be assigned for the choice
of Representatives, in the Congress of the United States.

And be it further resolved, that his Excellency the
Governor be, and he hereby is requested forthwith, after
such election, to transmit to each person, so chosen an
Elector, a certificate of such choice ; and the said Electors
are hereby required to meet on the first Wednesday of
December next, at ten O'Clock, in the forenoon, at the
State House, in Boston, for the purpose of voting by
ballot, for two Persons as President and Vice President
of the United States — and for their Travel and attendance
the said Electors shall receive the same compensation as
members of the Legislature of this Commonwealth are
entitled to receive. June 6, 1800.

Resolves, 1800. — May Session. 143

Chapter 7.

RESOLVE ON THE PETITION OF ANDREW WILLEY.

On the petition of Andrew Willey, praying that he and
his sureties may be discharged, from the penalties of their
recognizances, on which judgements of the Supreme Judi-
cial Court were rendered against them in April term 1790.

Resolved That the said Andrew Willey, together with
Joseph Wheelwright Samuel Lancy, and Joseph Hayward
his sureties be, and they are hereby discharged from the
penalties aforesaid. June 7, 1800.

Chapter 8.

RESOLVE ESTABLISHING THE PAY OF THE MEMBERS OF THE
GENERAL COURT.

Resolved that there be allowed & paid out of the Treas-
ury of this Commonwealth, to each member of the Council
Senate, and House of Representatives Two Dollars per
day for each days attendance the present Session, and the
like sum for every ten miles distance from their respective
places of abode, to the place of the sitting of the General
Court.

And it is further Resolved that there be paid to the
President of the Senate and Speaker of the House of Rep-
resentatives, each, two dollars per day, for each and every
day's attendance, over and above their pay as members.

June 7, 1800.

Chapter 9.

RESOLVE ON THE PETITION OF NATHAN BARTLETT, GRANTING
FIFTY DOLLARS IN FULL COMPENSATION FOR THE LOSSES
HE SUSTAINED IN CONSEQUENCE OF A WOUND HE RECEIVED
WHILE PERFORMING MILITARY DUTY.

On the Petition of Nathan Bartlett of Kittery in the
County of York a Private Soldier in Capt. Mark Fernalds
company of Cavalry — praying for relief on account of
a wound he received in his right hand whilst performing
military duty on the 26th day of October 1796 — in said
Company.

Resolved that there be paid out of the Treasury of this
Commonwealth to the said Nathan Bartlett the sum of
Fifty dollars in full for his losses, and for Doctors Bills as
sett forth in his Petition. June 7, 1800.

144 Resolves, 1800. — May Session.

Chapter 10.

RESOLVE ON THE PETITION OF DANIEL TILLINGHAST, AUTHOR-
IZING BENJAMIN ADAMS, OF UXBRIDGE, TO MAKE SALE OF
THE REAL ESTATE MENTIONED.

On the petition of Daniel Tillinghast setting forth that
he together with Samuel Aborn Jun. of Providence in the
State of Rhode Island are administrators of the Estate of
Robert Gibbs Tillinghast late of said Providence merchant
deceased ; that the said deceased Estate is insufficient to
pay his just debts, and praying for leave to make Sale of
a small real Estate in the town of Uxbridge in the county
of Worcester and Commonwealth aforesaid.

Resolved that Benjamin Adams Esqr. of Uxbridge be
& he hereby is authorized & empowered to make sale at
publick vendue of all the real Estate which lies in the
town of Uxbridge aforesaid whereof Robert Gibbs Tilling-
hast aforesaid died seized & possessed for the most the
same will fetch and to make and execute a good deed or
deeds of the same — (Reserving however the Right of
dower of Patience widow of the said Robert, in the premises'
according to law ;) the said Benjamin first giveing notice
of such sale in the same manner that administrators are
obliged by law to do in cases where they have leave to
make sale of real Estate, also to give bond to the Judge
of probate in the county of Worcester for the' faithfull pay-
ment of the proceeds of said sale over to the administrators
of the said Roberts Estate. June 7, 1800.

Chapter 12.*

RESOLVE ON THE PETITION OF THE INHABITANTS OF POLAND,
ABATING A TAX ON SAID TOWN.

On the petition of the Inhabitants of Poland.

Resolved for reasons set forth in the said petition that
the sum of Seventy four Pounds one shilling & eight
pence, being the Class Tax of the said town in the year
1782, be and hereby is abated to the said town, and the
Treasurer is directed to govern himself accordingly.

June 10, 1800.

* Chapter 11, in Session pamphlet, is a message from the Governor transmit-
ting a letter to the Legislature, and is to be found among the messages.

Resolves, 1800. — Mat Session. 145

Chapter 13.

RESOLVE ESTABLISHING THE PAY OF THE SECRETARY AND
OF THE TREASURER AND RECEIVER GENERAL.

Resolved that there be allowed and paid out of the Treas-
ury of this Commonwealth, to John Avery Esquire Secre-
tary of this Commonwealth twelve hundred and twenty three
dollars fifty cents which with two hundred and seventy six
dollars fifty cents, which he received in fees before the
thirty first day of May last shall be in full for his services
as Secretary as aforesaid for one year from the first day
of June Eighteen hundred being at the rate of Fifteen hun-
dred dollars per year to be paid in quarterly payments.

That from the first day of June current there be allowed
and paid out of the Public Treasury the sum of Fifteen
hundred dollars to the Treasurer and R[e]ceiver General
of this Commonwealth for his services as Treasurer the
present year to be paid him in quarterly payments as the
same shall become due. June 11, 1800.

Chapter 14.

RESOLVE ON THE PETITION OF SAMUEL B. LYON, COMMAND-
ING OFFICER OF AN ARTILLERY COMPANY IN THE TOWN
OF DORCHESTER, DIRECTING THE QUARTER MASTER GEN-
ERAL TO REPAIR THE GUN HOUSE.

On the Petition of Samuel B. Lyon Commanding Offi-
cer of the company of Artillery in the Town of Dorchester
in the first Brigade and first Division of the Militia of
the Commonwealth Setting forth that the Gun House in
Dorchester the Property of the Commonwealth is in Such
a Sitivation that the Publick Property is Exposed to great
Ingury.

Resolved for Reasons Set forth in said petition that the
Q[w]arter Master General be and he hereby is Directed to
Repair the Same at the Publick Expence as Soon as may
be in Such a manner as he Shall Judge most for the Intrest
of the Commonwealth. June 11, 1800.

Chapter 15.

RESOLVE ON THE MEMORIAL OF THE BOSTON BOARD OF
HEALTH, GRANTING THEM 1000 DOLLARS FOR THE EREC-
TION OF BUILDINGS ON RAINSFORD ISLAND, AND APPOINT-
ING THEM AGENTS FOR THAT PURPOSE.

On a Memorial of the Board of Health for the Town of
Boston, praying that additional Buildings may be erected

146 Kesolves, 1800. — May Session.

on Rainsford's Island for the accommodation of Patients
who may be there.

Resolved, that two Buildings be immediately erected
on said Island, under the direction of the said Board of
Health, and that the sum of One thousand Dollars be
appropriated for that Purpose.

Resolved, that the Board of Health for the Town of
Boston, be, and they are hereby Appointed Agents in
behalf of the Commonwealth to carry the foregoing Reso-
lution into Effect, with full Powers to make the necessary
contracts not to exceed the sum aforesaid and that they
lay their Accounts for the Expences attending the said
Buildings before the Committee of Accounts, who are
hereby authorized to Act on, and to pass the same.

June 11, 1800.

Chapter 16.

REPORT RESPECTING THE DELINQUENCY OF SHERIFFS AND
TOWN OFFICERS IN NOT RETURNING VOTES FOR GOV-
ERNOR, &c.

The Committee of both houses appointed to enquire
into & report a state of facts relative to the delinquency
of those Sheriffs, towns & Selectmen, who have neglected
to make returns of the Votes for Governor Leut. Gov-
ernor Senators & Councellors the present year, ask leave
to report

That in the County of Essex, they find the Votes from
the town of Wenham were not delivered at the Secratarys
office untill the 12th day of May —

That in the County of Hampshire, the returns from the
town of Monson, were not delivered at the Secratarys office
until the 20th of May, and that no returns have been reed,
at said office from the town of Russell in the Same County.

That in the County of York, no returns have been reed,
from the town of Waterford, and that the returns from the
town of Phillipsburgh, were not delivered at the Secretarys
office untill the 20th of May —

That in the County of Barnstable, the returns from the
town of Truro, were not delivered at the Secretarys office
untill the 20th of May, & that no returns have been reed,
from the District of Marshpee in the same County —

That in the County of Cumberland, no returns have been
reed, from the towns of Jay, and Rumford, or from the
plantation of Flintston —

Resolves, 1800. — May Session. 147

That in the County of Lincoln, no returns have been
reed, from the plantation of Medumcooek —

That in the County of Hancock, the returns from the
town of Orrington, were not delivered at the Secretarys
office untill the 23d of May, and that no returns have been
reed, from the towns of Eden & Elsworth in the County
aforesaid —

That in the County of Berkshire, no return has been
reed, from the town of Louden —

That in the County of Washington, the returns from the
town of Columbia were not delivered at the Secretarys office
untill the 3d of June, and that no returns have been reed,
from the town of Addisson in the same County —

And that in the County of Kennebeck, no returns have
been reed, from the plantations of Littlesborough, Sandy
river No. 3, or new vineyard —

The Committee further report, That they cannot at the
present session of the Gen. Court, be furnished with the
necessary evidence with which a full statement of facts
ought to be accompanied ; — And that as the property
and characters of the delinquent Sheriffs & town officers,
may be materially affected by an investigation of this im-
portant subject, the Committee further report, that the
Secretary of the Commonwealth be, directed to give pub-
lick Notice to the Sheriffs of those Counties, and the Select-
men & town Clerks of those towns, in which the returns
aforesaid have not been seasonably made, to appear on the
second Wednesday of the first Session of the Genl. Court
which shall [shall] be holden next after the first day of
January next, to shew cause (if any they have) why the
Attorney General should not be directed to prosecute
them for such fines or penalties, as they may have incured
in consequence of such delinquency, by inserting this re-
port in the Massachusetts Mercury, and in one of the
Newspapers published in each of the Counties wherein
such delinquency may have happened (if any Newspaper
be therein published) three weeks successively, the last
publication to be thirty days at least, before the said
second Wednesday. — All which is submitted.

DANL. DAVIS, per Order.
June 11, 1800.

148 Kesolves, 1800. — May Session.

Chapter 17.

RESOLVE ON THE PETITION OF THE INHABITANTS OF CAPE
ELIZABETH, AUTHORIZING THE COURT OF GENERAL SES-
SIONS TO APPORTION THE EXPENSE OF THE HIGHWAY
UPON THE SEVERAL TOWNS.

Resolved that the Court of General Sessions of the
Peace in said County of Cumberland be & they hereby
are authorised & empowered (if they see fit) upon Con-
sideration of the Expense of the highway lately laid out
& accepted by said Court, leading from None Such Bridge
to Portland Bridge, to apportion the same upon the several
Towns within said County. June 11, 1800.

Chapter 18.

RESOLVE ON THE PETITION OF OLIVER LEONARD, AUTHOR-
IZING SALEM TOWN TO CARRY INTO EFFECT A CERTAIN
RESOLVE RESPECTING THE SALE OF LANDS ON PENOBSCOT
RIVER.

On the Petition of Oliver Leonard, agent for the thirty
two settlers on the nine townships of indian land so called.

Resolved, that the Hon. Salem Town, Esq. be and hereby
is authorised to carry into effect the Resolve of the 22d of
June 1799, respecting the sale of lands on each side of
Penobscot river, at any time previous to the first day
of July next. June 12, 1800.

Chapter 19.

RESOLVE ON THE PETITION OF JUSTIN ELY, ESQ. AUTHORIZ-
ING HIM TO PREVENT ANY STRIP OR WASTE ON THE LANDS
MENTIONED.

On the Petition of Justin Ely representing that divers
ill disposed persons frequently make strip and waste and
commit trespasses on a certain Township of land called
No. 1 in the first range upon the River Schodic in the
District of Maine, which he contracted to purchase of the
Committee for the sale of eastern lands.

Resolved, that the said Justin be and he hereby is au-
thorised and empowered to take all proper and legal meas-
ures to prevent any strip or waste being done on the lands
in said Township ; and to commence and prosecute to final
judgment and execution any action or actions of trespass

Resolves, 1800. — May Session. 149

in his own name for the recovery of damages to his own
use for any trespass or trespasses that have been subse-
quent to said contract, or hereafter may be committed, on
the said lands, or on any of them, in the same manner,
and to the same effect as tho' he owned the fee, of the
said Township of land, or was in the actual possession of
the same. June 12, 1800.

Chapter 20.

RESOLVE ON THE PETITION OF TURNER PHILLIPS AND JOHN
WINTHROP, ADMINISTRATORS OF JOHN WINTHROP, LATE
OF BOSTON, DECEASED.

On the petition of Turner Phillips & John Winthrop
administrators of John Winthrop late of Boston in ye
County of Suffolk Esquire deceased stating that the said
John did some time prior to his decease contract to sell
to Joseph Coolidge of Boston aforesaid merchant a cer-
tain House & Land in Cambridge Street in Boston afore-
said for ye purpose of widening said Street but owing to
ye indisposition & sudden death of himself & wife the said
contract was not actually executed & praying that they
may be empowered to convey said land agreeable to the
contract aforesaid.

Resolved, that the said Phillips & Winthrop in their
said capacities be & they are hereby empowered to make
and execute a good and sufficient deed of the said lot to
the said Coolidge his heirs & assigns, he paying the money
agreed to be paid for ye same together with ye interest
thereof. June 12, 1800.

Chapter 21.

RESOLVE ON THE PETITION OF HON. EDWARD CUTIS, ESQ.
AND DANIEL SEWELL, ESQ. AUTHORIZING THE COURT OF
SESSIONS TO MAKE THEM SUCH EXTRA ALLOWANCE FOR
TRAVEL AS SHALL BE THOUGHT REASONABLE.

On the Petition of the Honble. Edward Cutts Esqr.
Judge of Probate of Wills &c. for the County of York,
and Daniel Sewell Esqr. Register of Probate for said
County.

Resolved that the Court of General Sessions of the Peace
for said County be and are hereby Authorised and Em-
powered to mak[e] them such an allowance for Travel (to

150 Resolves, 1800. — May Session.

be paid out of the Treasury of sd. County) as may be
thought reasonable, not exceeding the sum allowed for
Travel to Justices of the Peace. I June 12, 1800.

Chapter 22.

RESOLVE ALLOWING THE ACCOUNTS OF THE GUARDIANS OF
THE DUDLEY INDIANS AND GRANTING THE SUM OF 42
DOLLARS 98 CENTS IN SETTLEMENT THEREOF.

Whereas it appears by examining the accounts of the
Guardains of the Dudley Indians from the 27th of May
1799 — to the 22d Day of May 1800 — that there is due
from the Commonwealth to said Gaurdains the Snme of
forty two Dollars and ninty eight Cents in full for the
expenses attending their Gaurdingship to the 22d Day of
May 1800 : therefore

Resolved that there be allowed and paid out of the
Treasury of this Commonwealth from the monies due to
the said Indians to the Said Guardians the Sume of forty
two Dollars & ninty Eight Cents in full for the expences
attending their Gaurdainship to the Said 2 2d Day of May
1800. June 12, 1S00.

Chapter 23.

RESOLVE FOR REPAIRING PROVINCE HOUSE AND GRANTING
1500 DOLLARS FOR THAT PURPOSE.

Resolved that Peleg Coffin Esq. Treasurer of this Com-
monwealth, be directed to make such alterations and re-
pairs in the Province House and out houses, as are proper
and necessary to be made, for the accomodation and con-
venience of his excellency the Governor to reside in, and
that Fifteen hundred Dollars be allowed and paid out of
the Treasury for that purpose, and the said Treasurer is
directed to lay his accounts for said disbursements before
the Legislature for examination and allowance as soon as
saicl repairs are completed. June 12, 1800.

Chapter 24.

RESOLVE ON THE PETITION OF DAVID FOSTER, GRANTING AN
ADDITIONAL ALLOWANCE TO HIS FORMER GRANT.

On the petition of David Foster of Pembroke in the
County of Plymouth, an Invalid Pensioner of this Com-
monwealth, praying that his pension may be increased.

Resolves, 1800. — May Session. 151

Resolved for reasons set forth in his petition, that there
he allowed and paid out of the Treasury of this Common-
wealth, to the said David Foster, a further sum of Eighteen
Dollars annually, as a pension, in addition to Fifty two
Dollars, already established upon him for life by a Resolve
of the 25th September 1793. June 12, 1800.

Chapter 25.

REPORT RESPECTING THE PRINTING BUSINESS.

Resolved, that Messrs. Young and Minns be and hereby
are appointed the Printers of this Commonwealth for the
space of one year, commencing on the first day of June
instant ; and that they furnish the paper, and do and per-
form the printing in a workmanlike manner, and on as
good paper as has been usually used for like purposes ;
and the acts of the ensuing year to be on as good paper
as the Resolves of the General Court were printed upon
the last year, and to the acceptance of the officers respec-
tively who shall direct the work to be done.

And be it further Resolved, that there shall be allowed
and paid out of the Treasury of this Commonwealth, to
the said Young and Minns, for paper and printing afore-
said, at the rate following, to wit —

For eight hundred books, containing the laws that may
be passed by the Legislature during the year, and for the
same number of books containing the Resolutions passed
within the period aforesaid, and covered with blue paper
as usual, one hundred and fifty dollars, if the said Laws
and Resolves, with an index for the Resolves make forty
pages of folio fools-cap, if less or more than forty pages,
the price aforesaid to be increased or diminished in pro-
portion as the number of pages shall be less or more than
forty ; the said books, with the indexes as aforesaid, to be
ready to be delivered as soon after each session of the
General Court as they can be completed. And if the
whole number are not delivered to the Representatives
and Senators, and, to the Selectmen, for the use of the
several towns in the Commonwealth by the first day of
June next, the number then remaining on hand shall be
delivered at the Secretary's office.

For Proclamations for Thanksgiving and for Fast at the
rate of twenty five dollars for nine hundred.

Blanks for Regimental returns, ruled, full sheet, three

152 Resolves, 1800. — May Session.

cents each ; ditto for Captains muster rolls, Captain's
returns, Infantry returns. Cavalry returns one cent and
a half for each blank ; ditto for Governor's Warrants on
the Treasury, for Officers' Commissions, civil and military,
for Sargeants' warrants, for Officers' resignations, for Gen-
eral orders, for Treasurer's executions, for Treasurer's re-
ceipts, one cent for each blank ; for one hundred and fifty
tax acts fifteen dollars, and in that proportion for the whole
number the Treasurer may order ; for warrants to accom-
pany the tax acts, three cents each ; blanks for certifying
leave of absence to the members of the General Court one
cent each. For election Sermons eight cents and one half
cent each ; blanks for precepts to choose federal Repre-
sentatives, two cents each, provided two hundred and fifty
blanks shall be ordered at one time, if a less number is
ordered at one time, the price to be proportionably higher,
if a greater number, the price of each blank diminished.
They the said Young and Minns to do and perform all
other printing business that may be ordered by the Legis-
lature, or any officer of the Commonwealth not before
enumerated, in the same proportion to the prices afore-
said as the work so ordered shall be to the books and
blanks before mentioned, the same to be determined by
the Committee on accounts.

And it is further Resolved, That the said Young and
Minns shall not be held to deliver the wdiole number of
books containing the laws and Resolves, as aforesaid, at
the time in this Resolve mentioned unless the Secretary
shall furnish the said Young and Minns with copies of the
Acts and Resolves that have or may be passed by the Gen-
eral Court within the year aforesaid, on or before the 15th
day of April next ; and shall also furnish them with a form
of the index, in four days after the said Young and Minns
shall deliver to said Secretary a sheet or sheets containing
the Resolves aforesaid. June 13, 1800.

Chapter 26.

REPORT OF THE AGENTS FOR PUBLISHING THE MAPS OF THE
COMMONWEALTH OF MASSACHUSETTS. GRANT TO.

Resolved That the sum of One thousand six hundred
and thirty five dollars, be paid out of the Treasury of this
Commonwealth to the Agents, appointed to superintend
the compiling and publishing the Maps of the Common-

Eesolves, 1800. — May Session. 153

wealth, to enable them to defray the expence of engraving
and printing the same, they to be accountable therefor.

And it is further Resolved, That the said Agents, pro-
ceed in their Contract for four hundred setts, as stated in
their report, tp be delivered to the Secretary for the dis-
posal of the General Court ; and as soon as these shall be
com pleated to dispose of the Plates and copy-right of
printing and vending the same, as may be most for the
benefit of the Commonwealth, and account with the Treas-
urer for the proceeds thereof. June 13, 1800.

Chapter 27.

RESOLVE ON THE PETITION OF ELEAZER TVVITCHELL, IN BE-
HALF OF HIMSELF AND ASSOCIATES, FOR PRIVILEGE OF
FURCHASING FART OF TOWNSHIP NO. FOUR.

On the Petition of Eleazr. Twitchell in behalf of himself
and his associates praying that he & they may be prive-
ledged with purchasing the remaining half of the township
No. four between bethel and Norway as set forth in said
petition.

Resolved that the Committee for the sale of Eastern
lands are hereby authorised to Contract and sell the afore-
said land to said Twichel and associates or to any other
person or persons that may apply for the same for so much
Money as said Committee shall Judge the same to be rea-
sonably worth and to be under such restrictions and
reservations as said Committee shall think to be Just and
reasonable and to execute a deed for the sam[e] in behalf
of this Commonwealth and the money arising from said
sale s[A]all be paid into the Treasury. June 13, 1800.

Chapter 28.

RESOLVE ESTABLISHING THE PAY OF WILLIAM HARRIS AND
JOSEPH LAUGHTON, FIRST CLERKS IN THE SECRETARY AND
TREASURER'S OFFICES.

On the Petition of Joseph Laughton and William Har-
ris, First Clerks in the Treasurer's & Secretary's offices,
setting forth that the establishment for their services ex-
pired on the first day of the present session of the general
Court, and praying the same may be renewed.

Resolved That the pay of the said Joseph Laughton and
William Harris be at the rate of Two dollars and fifty cents
per day, during the time they are in actual service in the

154 Resolves, 1800. — May Session.

offices aforesd. commencing on the twenty eighth day of
May in the year of our Lord 1800, and that the same be
paid out of the Treasury of this Commonwealth. This
establishment to continue until the last Wednesday of
May in the year of our Lord one thousand eight hundred
and one. June 14, 1800.

Chapter 29.

RESOLVE ON THE PETITION OF JOHN DEVOTION AND E. McLANE,
CLERKS IN THE SECRETARY'S OFFICE, ESTABLISHING THEIR
PAY.

On the Petition of John Devotion and Edward McLane,
Clerks in the Secretary's office.

Resolved that the pay of the said John Devotion and
Edward McLane be at the rate of one dollar and ninety
two cents each per day, during the time they are in actual
service commencing on the 28th day of May in the year
of our Lord 1800, and that the same be paid out of the
publick Treasury of this Commonwealth — This establish-
ment to continue until the first Session of the next general
Court. June 14, 1800.

Chapter 30.

RESOLVE ON THE PETITION OF THOMAS LINCOLN, ADMINIS-
TRATOR OF THE ESTATE OF MARK LINCOLN, LATE OF LEOM-
INSTER, DECEASED.

On the petition of Thomas Lincoln, Administrator of
the Estate of Mark Lincoln late of Leominster in the
County of Worcester, deceased, praying for licence to
make conveyance of certain lands in the Town of Part-
ridgefield in the County of Berkshire, agreeably to con-
tracts made by the said Mark, in his life time, with Hugh
Smith & Oliver Tenny.

Resolved, that the said Thomas Lincoln, in his capacity
of Administrator aforesaid, be, & he hereby is authorized
to make & execute a good & sufficient deed or deeds, con-
veying to Hugh Smith & to his heirs & assigns forever,
seventy Acres of land in the Town of Partridgefield afore-
said agreeably to contract made by the said Mark with
the said Hugh Smith.

Resolved further, that the said Thomas Lincoln, in his
said capacity, be & hereby is authorized to make & exe-

Resolves, 1800. — May Session. 155

cute a good and sufficient deed to Oliver Tenny, convey-
ing to him, & to his heirs & assigns forever, two acres &
one hundred rods of land in the said Town of Partridge-
field, agreeably to contract made by the said Mark, in his
life time, with the said Oliver Tenny. June 14, 1800.

Chapter 31.

RESOLVE MAKING AN ALLOWANCE TO ISRAEL JONES, ESQ.
FOR CERTAIN SERVICES.

On the representation of Peleg Coffin Esqr. Treasurer
of the Commonwealth. — Setting forth That Israel Jones
Esqr. was appointed Agent for the Commonwealth, to
obtain a debt due the Commonwealth from Daniel Hors-
ford of the State of Vermont.

Resolved That there be paid out of the Treasury of the
Commonwealth to the said Israel Jones the sum of Sixty
dollars in full for his services in said agency.

June 14, 1800.

Chapter 31a.*

ORDER TO TREASURER TO PAY THE TOWN OF WILLIAMS-
TOWN FOR THE SUPPORT OF CERTAIN PERSONS.

Ordered that the Treasurer pay to the town of Williams-
town the sum allowed for supporting nursing and cloath-
ing London Wallace and Polly Wallace, the payment of
which was suspended untill the further order of the Gen-
eral Court by an order passed the twenty first of June
1799. June 14, 1800.

Chapter 32.

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS
FOR THE COUNTY OF PLYMOUTH AND GRANTING A TAX.

Whereas, the Treasurer of the County of Plymouth,
has laid his accounts, before the General Court, in man-
ner prescribed by Law, which are hereby allowed, and
whereas the Clerk of the Court of General Sessions of
the peace for said County, has laid before the General
Court an estimate, made by said Court of General Ses-
sions of the peace, of the necessary charges likely to

* Not printed in previous editions. Taken from court record.

156 Resolves, 1800. — May Session.

arise in said County, the present year, amountg. to sev-
enteen hundcl. Dollars :

Resolved, That the sum of Seventeen hundred dollars,
be, and hereby is granted as a Tax for said County of
Plymouth, to be apportioned, assessed, collected and ap-
plied for the purposes aforesaid agreable to Law.

June 14, 1800.

Chapter 33.

RESOLVE ON THE PETITION OF LIEUT. SAMUEL TREAT,
GRANTING HIM EIGHT DOLLARS PER MONTH.

On the Petition of Samuel Treat of Boston, late a
Lieut, to the Garrison on Castle Island, praying for
Compensation for an Injury received while in the Exe-
cution of his Duty, in preventing the escape of three
Convicts.

Resolved, their be allowed and paid, out of the Treas-
ury of this Commonwealth to the said Lieut. Samuel
Treat, eight dollars $> month, commencing the first day
of January A. D. 1799, untill the disabillity be removed.

June 14, 1800.

Chapter 34.

RESOLVE ON THE PETITION OF CAPT. JAMES FALES, AUTHOR-
IZING THE GOVERNOR AND COUNCIL TO ESTABLISH A COM-
PANY OF ARTILLERY IN THE 5TH REGIMENT, 2D BRIGADE
AND 4TH DIVISION OF THE MILITIA OF THIS COMMON-
WEALTH.

On the Petition of Capt. James Fales, praying for
leave to establish a Company of Artillery, in the fifth
Regt., second Brigade, & fourth Division, of Militia in
this Commonwealth.

Resolved, That his Excellency the Governor, with ad-
vice of Council, be and he is hereby authorized to estab-
lish a Company of Artillery, in the fifth Regt. Second
Brigade, & fourth Division, of the Militia of this Com-
monwealth, which are to be annexed to the Battalion of
Artillery in said second Brigade — Subject however to
all such rules regulations and restrictions, as are or may
be provided by Law, for regulateing & Governing the
Militia of this Commonwealth. June 16, 1800.

Resolves, 1800. — May Session. 157

Chapter 35.

RESOLVE ON THE PETITION OF OSGOOD CARLTON, GRANTING
HIM COMPENSATION FOR HIS SERVICES IN COMPILING THE
MAP OF THIS COMMONWEALTH.

On the Petition of Osgood Carlton praying for Com-
pensation for his services in compiling the Map of this
Commonwealth.

liesolved that there be allowed & paid out of the treas-
ury of this Commonwealth to the said Osgood Carlton
five hundred thirty six Dollars which with what has al-
ready been granted him shall be in full of all his demands
for that service. June 16, 1800.

Chapter 35a.*

ORDER DIRECTING THE SECRETARY TO HAVE CERTAIN ACTS

PRINTED.

Ordered that the Secretary of this Commonwealth be
directed to cause three hundred copies of the several Acts
for regulating the inspection of Salted Beef — and Butter ;
and the inspection of Nails to be exported from this Com-
monwealth, to be printed, and to forward such a number
to each Collector and Naval Officer of the Customs in this
Commonwealth, as he may judge necessary.

June 17, 1800.

Chapter 36.

RESOLVE ALLOWING THE ACCOUNTS OF THE TREASURER OF
THE COUNTY OF BRISTOL AND GRANTING A TAX.

Whereas, it is represented to the General Court, by the
Court of General Sessions, of the peace for the County
of Bristol, that the accounts of the Treasurer of said
County, are examined and Settled by a committe of said
Court of Sessions in manner prescribed by Law, — and
the Clerk of the Court of Sessions for said County, has
laid before the General Court, an Estimate, made by said
Sessions, of the necessary charges likely to arise in said
County the present Year, amounting to One thousand
dollars :

* Not printed in previous editions. Taken from court record.

158 Resolves, 1800. — May Session.

Resolved, that the sum of One thousand dollars, be and
the same is hereby granted as a Tax, for said County of
Bristol, to be apportioned, assessed, collected and applied,
to the purposes aforesaid, agreably to Law.

June 17, 1800.

Chapter 37.

RESOLVE ALLOWING ACCOUNTS OF THE TREASURER OF THE
COUNTY OF MIDDLESEX AND GRANTING A TAX.

Whereas, the Treasurer for the County of Middlesex,
has laid his Accounts, before the General Court in man-
ner prescribed by Law, which are hereby allowed, and
whereas, the Clerk of the Court of General Sessions of
the peace for said County, has laid before the General
Court an Estimate, made by the said Court of General
Sessions of the peace, of the necessary charges likely to
arise in said County the present year, amounting to four
thousand five hundred dollars :

Resolved, that the sum of four thousand five hundred
dollars, be and hereby is granted as a Tax for said County
of Middlesex, to be apportioned, assessed, collected, and
applied for the purposes aforesaid, agreeably to Law.

June 17, 1800.

Chapter 38.

ROLL, NO. 43.

The Committee on Accounts, having examined the Ac-
counts they now present :

Report That there are due to the Towns and persons
hereafter mentioned, the sums set to their Names respec-
tively, which (if allowed and paid) will be in full dis-
charge of said Accounts, to the dates therein mentioned.

ISAAC THOMSON, pr. order.

State Pauper Accounts.

Dolls. Cts.

To the Town of Abington for Supplies found Margaret

Bennit to May 27th 1800 34 49

To the Town of Andover for boarding, Cloathing & Doctor-
ing Partrick Callahan to June 1st 1800 . . . . 23 40

To the Town of Amesbury for boarding & Cloathing
Jonathan Sidwell to May 18th 1800 62 35

Resolves, 1800. — May Session. 159

Dolls. Cts.

To the Town of Brookfield for boarding, Cloathing & Doc-
toring Luke Finney & bis wife and Cato Kim to May 1st
1800 38 88

To the Town of Belchertown for boarding, Cloathing &

Nursing Betty Demrning to May 29th 1800 . . . 27 32

To the Town of Boxborough for boarding, Cloathing &

Nursing John Kenedy to May 28th 1800 . . . . 30 93

To the Town of Buckland for boarding John Wilkie to May

19th 1800 including Doctr. Joseph Aliens bill . . . 89 20

To the Town of Barre for boarding John Christian Dandrick

to June 1st 1800 22

To the Town of Boston for Supporting sundry paupers from

Deer. 1st 1799 to June 1st 1800 including Cloathing . 2079 97

To the Town of Cape Elizabeth for boarding & Cloathing
Betty Carroll and Supplies for James Ramsbottomb to
May 12th 1800 103 7

To the Town of Coldrain for boarding and Cloathing Wil-
liam Wilson including Doctr. Samuel Ross1 bill to May
21st 1800 32 10

To the Town of Conway for boarding Edward Burgess to

May 24th 1800 .26

To the Town of Charlemont for boarding and Cloathing
Dennis Kennedy to May 29th and Abraham Bass to May
30th 1800 49 50

To the Town of Cheshire for boarding & Cloathing Ephraim
Richardson and Supplies for the widow Rachel Gray to
May 23d 1800 107 41

To the Town of Carlisle for boarding, Cloathing and Doc-
toring Robert Barber and Matthew Jemmerson to June
7th 1800 41 83

To the Town of Concord for boarding William Shaw to
June 1st 1800 24 15

To the Town of Dartmouth for boarding Mary Prince to
May 15th 1800 and removing Thomas Lewis, Joshua
Lewis and Mary Lewis from the Town of Dartmouth to
Richmond in the State of Rhod Island .... 50

To the Town of Danvers for boarding & Cloathing John

Wooden & Joshua Bird to June 10th 1800 . . . 44 18

To the Destrict of Dover for boarding Cloathing & Nursing

Partrick Cawin to June 9th 1800 26 8

To the Town of Franklin for boarding & Cloathing Alex-
ander Reed to May 26th 1800 63 68

To John Fleet for Doctoring Sundry State paupers in the

Town of Boston to May 15th 1800 400

To the Town of Framingham for boarding & Cloathing
Betty Stephens and her Child to April 21st and Bennet
Foster's boy to the same day 1800 13 64

To Constant Freeman Keeper of the Alms-house in Boston

to June 1st 1800 163 35

To the Town of Great Barrington for boai'ding, Cloathing
& Nursing Isaac Hoose, Catharine Iloose, Mary Hoose
and Tom (a negro) to May 17th 1800 — Candice & her
Child to Jauy 7th and said Child to May 17th 1800 and
Supplies for Benjamin Worthey to said 17th of May . 85 55

To the Town of Groton for boarding & Cloathing the wife

and Children of John Claflin Wright to Jany. 10th 1800 . 133 73

160 Resolves, 1800. — May Session.

To the Town of Greenfield for boarding, Cloathiug & Doc-
toring John Bates, and Eunice Converce to May 20th 1800 50 91

To Josiah Gilman for Doctoring Sundry State paupers in

the Town of York to May 24th 1800 . . . . 16 80

To the Town of Gill for Supplies for Peter Mange to May

24th 1800 9 13

To the Town of Gloucester for Boarding, Cloathing & Nurs-
ing Sundry pauper to May 10th 1800 . . . . 957 97

To the Town of South-Hadley for boarding & Cloathing

Peter Pendergrass to May 26th 1800 5 61

To the Town of Hollewell for Suporting Rachel Cummings

to the last day of May 1800 48 54

To the Town of Holliston for boarding & Cloathing James

Lewis to June 1st 1800 61

To Joseph Hodgkins keeper of the House of Correction in
the County of Essex for boarding & Cloathing Sundry
State paupers to June 7th 1800 including the Allowance
made by the Court of Sessions to April 4th 1800 . . 498 53

To the Town of Lenox for boarding, Cloathing, Doctoring
& Niu-sing Abraham Palmer, his wife and one Child,
Christian Crow, & John Brow to May 26th 1800 . . 110 84

To the Town of Leyden for Supplies for Jedediah Fullar,
his wife & three Children to May 24th 1800 Doctr. Wings
bill included 31 48

To the Town of Leicester for boarding, Cloathing & Nurs-
ing Noble Spencer to his death including Funeral ex-
pences .......... 9

To the Town of Mendon for boarding, & Cloathing Robert

Ellison to May 25th 1800, and John Hart April 15th 1800 79 41

To the Town of Milton for boarding Nursing & Doctoring
James Thomas, alias Alderman an Indian till his death
including Funeral expences — and John Gray to July
14th 1799 47 52

To the Town of Marblehead for boarding, Nursing & Doc-
toring to May 26th 1800 . . . ' . . . . 24 51

To the Town of North-Hampton for boarding & Cloathing
Samuel Green to May 24th Nancy McMullen to June 2d
and Supplies furnished Patience Davis to April 7th and
John Ellis to May 19th 1800 76 18

To the Town of Newbury for Supporting sundry paupers

including Cloathing & Doctrs. bills to June 1st 1800 . 513 20

To the Town of Newbury-Port for boarding and Cloathing
Sundry paupers including Doctr. Vergnie's bill to June
1st 1800 674 22

To Amariah Preston for Doctoring Thomas Hardman, State

pauper in the Town of Woburn to February 14th 1800 . 17 40

To the Town of Plimton for Supplies for Simon Brow and
Hannah Mitchell to March 1st 1800 Doctr. Bartlets bill
included 83 58

To the Town of Pittsfield for Supplies found Paul McKoy

and family including Doer. Sturtevants bill May 15th 1800 25 95

To Dr. William Stone for Doctoring John Harrington and
his family to May 5th 1800 9 99

To the Town of Swanzey for boarding & ("loathing Fenner
Pierce (a Negro woman) and four Illegitemate Children
born of Salley Robbins to May 23d and Esther Church to
May 24th 1800 72 71

Resolves, 1800. — May Session.

161

To the Town of Sandersfield for boarding, Doctoring &
burying Betsey Rynolds

To the Town of Salem for boarding & Cloathing Sundry
Paupers to June 2d 1800

To the Town of Upton for boarding & Cloathing Elizabeth
Brown to February 17th 1800

To the Town of Uxbridge for boarding & Cloathing Betty
Trifle & David Mitchell to May 26th 1800

To the Town of West Springfield for boarding and Cloath
ing Lucy Kent, and Anne Pattee to May 2Uth and VVil
liam Bell to May 1st 1800

To the Town of Wilbraham for boarding & Cloathing John
Brown to May 5th 1800

To the Town of Westfield for boarding and Cloathing
James Dewell to June 1st 1800 ......

To the Town of Washington for boarding & Cloathing
Phebe Clark to May 26th inclusive ....

To the Town of Williamstown for boarding Rachel Galu
sha to May 15th 1800

To the Town of Westford for Boarding and Cloathing Eliz
abeth Wilson to May 15th 1800, including Drs. bill .

To the Town of Western for boarding, Cloathing, Nursing
& Doctoring William Johnson & his wife to May 1st
1800, John Crain to June 11th and John Weakley to June
8th 1800

To the Town of Weymouth for boarding, Nursing & bury-
ing Thomas Wallice

To the Town of Winsor for boarding & Cloathing Benja-
min Still and his wife to April 26th 1800 .

To the Town of York for boarding Cloathing & Nursing
William Kearswell, Sarah Kearswell, Elizabeth Perkins,
Mary Crocker & Abigail Chappie to June 1st 1800 .

Militia Accounts.

To Nathaniel C. Allen Brigade Majr. for his services to

May 2-ith 1800 .

To George Blanchard Brigade Majr. for his services to

Feby. 15th 1800

To Jonathan Burrows Adjt. for his Services to May 1800

To Samuel Cutts Adjt. for his Services to June 1800 .

To Jeremiah Clap Brigade Majr. for his Services to May

17th 1800 ,

To Peter Clark Adjt. for his Services to Jany. 1800

To Christopher Hurlburt Adjt. for his Services to Septr. 1799

To Cyrus Hosmer Adjt. for his Services to May 1800 .

To Ephraim Hoyt Adjt. for his Services to May 1800 .

To Caleb Howard Adjt. for his Services to Feby. 1800

To William Jackson Brigade Majr. for his Services to May

22d 1800

To Joseph Kellogg Adjt. for his Services to May 22d 1800
To Benjamin Leigh Adjt. for his Services to Feby. 24th 1800
To David Powell for money expended for Horses in con-
veying Artillery in Septr. last

To Isaac Patten Adjt. for his Services to Septr. 21st 1799
To Jonathan Snow Adjt. for his Services to Jany. 1, 1800

Dolls. Cts.

922 22
52 53
50

67 11
61 55
33 13
20 50
60 20
69 53

155 55

80
84 8

125 67

8972 36

Dolls. Cts.

48 87

37 38
22 65
14

96 2

22 95

23 47
22 10
10 25
18 2

39 72

14 37

15 92

3 75

18
14 25

162 Resolves, 1800. — May Session.

To William Sprague Adjt. for his Services to April 30th 1800

To Benjamin Spear for money expended for Horses in con-
veying Artilery in Octr. 1799

To William Lurvey for money expended for Horses in con-
veying Artilery in Octr. last

To Isaac Talbot Adjt. for his Services to May 26th 1800 .

To Daniel White Adjt. for his Services to Septr. 29th 1799

For Expences of a Court Martial whereof Colo. Gardner
was President held in Boston August 22d 1799 . . 38 33

For the Expences of a Court of Inquirey whereof Colo.
Bates was President held at Taunton April 22d 1798 —
and August 29th 1798 13 88

To the Board of Officers appointed to determine the Rela-
tive Rank of the Majr. Generals of the first, Second &
third Divisions of Militia, which sat in Boston on the 16th
& 17th days of April 1800 whereof General Goodwin was
President 74 16

ills.

CtB.

593 36

Miscellaneous Accounts.

To Joshua Holt for boarding, Cloathing & Schooling Levi

Konkapotto June 11th 1800 25 67

To Wheelock & Simmons for Men and Horses for calling
the Council together in consequence of the death of the
Lieut. Governor 35

To Jonathan Hastings Depy. Postmaster for Postage to

March 31st 1800 21 59J

To Peleg Coffin Esqr. for money paid for Postage, Repairs

of the Province House &c. to June 12th 1800 ... 59 84£

To Amos Lincoln for his Services &c. Repairing the prov-
ince House to June 5th 1800 35 91

To Samuel Gore for his Services and money expended in
repairing the Province House Securing Maps, and for
paint for the New State House &c. to May 14th 1800 . 129 24

To James White for Stationary &c. for the Secretary's Office

& for the use — General Court to June 9th 1800 . . 323 84

To Silvanus Lapham for Assisting the Messenger of the
General Court from the 27th of May to the 17th of June
1800, both included Nineteen days at $ 1.50 . . . 28 50

To Butlar Goodrich for a journey to Boston after two field

peices 30

To Jacob Kuhn a ballance due to him for money expended
over and above the amount of two grants made him June
22 1799 and January 14th 1800 147 52

To Nathan Dane Esqr. a ballance due to him for his Service
in Quieting Settlers on the Waldo Patten [t] (so called)
Over and above one third part of one Thousand dollars
Granted to him, John Sprague & Enoch Titcomb Esqrs. by
two Resolves passed March 9th 1797, and June 27th 1798 101 20

To Enoch Titcomb Esqr. a ballance due to him for his service
in Quieting Settlers on the Waldo Patten [£] (so called)
Over and above one third part of one Thousand dollars
Granted to him Nathan Dane, & John Sprague Esqrs. by
two Resolves passed March 9th 1797 and June 27th 1798 72 97

1011 29

Kesolves, 1800. — May Session.

163

Sheriffs' Accounts.

To Ebenr. Mattoon for Returning Votes for Governor &c.
to June 1800

To Joseph Hosmer for Reward and Expence in taking up
four Convicts & Committing them in Concord goal ; and
Retur[«]ing Votes for Governor &c. to May 1800 .

To George Partridge Sheriff of Plymouth Co. for distribut-
ing precepts and Returning Votes for Federal Represent-
atives in the first southern destrict and for Returning
Votes for Governor &c. to June 1800 ....

To Simon Learned for Returning Votes for Governor &c.
and for his Sei'vices Copy & Return of the Statement made
by Ephraim Williams Esqr. & the Resolve of the General
Court on William Towner Esqr

To Edmond Bridge for returning Votes for Governor &c.
in May 1800

To John Cooper Sheriff of the County of Washington for
returning Votes for Governor &c. in May 1800

Printers'' Accounts.

To Alexander Sherman for Printing Laws &c. to June 1st

1800

To II. Mann for Publishing Laws &c. to Deer. 7th 1799
To Thomas C. Cushing for publishing the Laws &c. to

March 1st 1800

To Thomas Dickman for publishing the Laws &c. to June

1800

To Angier March for publishing the Laws &c. to June

20th 1800

To John Russell for Publishing an Act Respecting Forgd.

Orders three months ........

To Young & Minns for Printing for the Government, to

June 12th 1800

Convict Accounts.

To Nathan Heard Under keeper of the Goal in the County
of Worcester for dieting and Cloathing Eli Page to May
28th 1800

To Jerimiah Stanniford under keeper of the Goal in the
County of Essex for dieting and Cloathing John Brooks
to the time of his discharg and Samuel Walker to June
7th 1800 ;

To Oliver Hartshorn under keeper of the Goal in the County
of Suffolk for dieting and Cloathing Charles Blade, Elisha
Dillingham, & Sampson Freeman to June 11th 1800 —
and James Obrian & James Davis to the time of their
discharge

To John Richardson Under Keeper of the Goal in the
County of Middlosix for dieting and Cloathing William
Dexter & William Davis to Jany. 10th 1800 — and John
Wilson to April 15th 1800, and Removing William Dexter
from Boston to Concord

Dolls, cts.
16

109 27

10 19

17 20
14 56
29 60

196

Dolls.

Cts.

996

■17

1118 47

Dolls. Cts.

43 96
41 6

126 63

117

328 65

164 Resolves, 1800. — May Session.

Aggregate of Boll No. 43.

Dolls. Cts.

Expences of State Paupers

. 8972 36

do.

Militia

. 593 36

do.

Sheriffs

. 196 82

do.

Miscellaneous

. 1011 29

do.

Printers

. 1118 47

do.

Convicts

. 328 65

Read and Accepted, and thereon

Resolved, That there be allowed and paid out of the
Public Treasury, to the several corporations and persons
mentioned in this Roll, the sums set against such corpo-
rations and persons respectively, amounting in the whole
to Twelve Thousand, two hundred & twenty dollars and
Ninety five Cents, the same being in full discharge of the
Accounts and demands to which they refer.

June 17, 1800.

Chapter 39.

RESOLVE ALLOWING EXTRA PAY TO THE COMMITTEE ON

ACCOUNTS.

Resolved, that there be paid, out of the Public Treas-
ury of this Commonwealth to the Committee appointed to
examine & pass on accompts, for their attendance on that
service during the present session of the General Court
the sums annexed to their names in addition to their pay
as Members of the Legislature : to the Honorable Isaac
Thomson for thirteen days attendance, six dollars & fifty
cents ; to the Honorable Thomas Hale for thirteen days
attendance, six dollars & fifty cents ; to Silas Holman
James Taylor & Nathl. C. Allen Esquires for thirteen
days attendance each, six dollars & fifty cents each, which
sums shall be in full for their services aforesaid.

June 17, 1800.

Chapter 40.

RESOLVE ON THE PETITION OF JACOB KUHN, GRANTING HIM
AN ADDITIONAL ALLOWANCE.

On the Petition of Jacob Kuhn Messenger of the Gen-
eral Court requesting, an additional allowance.

Kesolves, 1800. — May Session. 165

Resolved that there be allowed & paid out of the Treas-
ury, to Jacob Kuhn, two huudred Dollars, for the present
year, commencing the 30th of May last, to be in addition
to the sum allowed him by a Resolve [of] March 26 1793,
establishing the pay of the Messenger of the General
Court. June 17, 1800.

Chapter 41.

RESOLVE REQUESTING THE GOVERNOR TO DIRECT AN EXAM-
INATION TO BE MADE INTO THE STATE OF THE HOSPITAL
ERECTED AT MARTHA'S VINEYARD.

Resolved that his Excellency the Governor be requested
to direct an examination to be made into the state of the
Hospital, erected on Martha's Vineyard, & cause the same
to be furnished agreeably to a resolve of the General
Court passed the 21st day of February last.

June 17, 1800.

Chapter 42.

RESOLVE GRANTING 400 DOLLARS TO JACOB KUHN.

Resolved that there be allowed & paid out of the Treas-
ury of this Commonwealth to Jacob Kuhn Messenger of
the General Court the sum of Four hundred Dollars to
enable him to purchase fuel &c. for the use of said Court,
he to be accountable for the expenditure of the same.

June 17, 1S00.

Chapter 43.

RESOLVE GRANTING 44 DOLLARS TO THOMAS WALLCUT.

Resolved that there be allowed & paid out of the Public
Treasury forty four Dollars to Thomas Wallcut assistant
Clerk of the House of Representatives, in full of his
service the present Session. June 17, 1800.

Chapter 44.

RESOLVE GRANTING 42 DOLLARS TO CHARLES F. AYLWIN.

Resolved, that there be allowed & paid out of the Pub-
lic Treasury of this Commonwealth to Charles F. Aylwin,
Assistant clerk of the Senate, the sum of forty two Dol-
lars — in full for his services the present Session of the
General Court. June 17, 1800.

166 Kesolves, 1800. — May Session.

Chapter 45.

RESOLVE GRANTING THE CLERKS OF THE SENATE AND HOUSE
OF REPRESENTATIVES, ONE HUNDRED AND THIRTY THREE
DOLLARS EACH.

Resolved that there be allowed & paid out of the Public
Treasury to Mr. Edward P. Hayman Clerk of the Senate
One hundred & thirty three Dollars and to Henry Warren
Esq. Clerk of the House of Representatives One hundred
& thirty three Dollars on account of their services as
Clerks aforesaid for the present year, they to be account-
able for the same respectively. June 17, 1800.

Chapter 46.

RESOLVE DIRECTING THE ATTORNEY-GENERAL TO APPLY TO
THE SUPREME JUDICIAL COURT TO SET OFF THIS COMMON-
WEALTH'S PART OF THE OLD STATE HOUSE.

Resolved that the Attorney General be, and he is hereby
directed to apply to the Supreme Judicial Court for an
order to set off to this Commonwealth their part of the
building in the Town of Boston, commonly called the Old
State House and the land thereto belonging, that the said
Commonwealth may hold the same in severalty.

June 17, 1800.

RESOLVES

GENERAL COURT OF MASSACHUSETTS.

PASSED AT THE SESSION BEGUN AND HELD AT BOSTON,
ON TUESDAY, THE ELEVENTH DAY OF NOVEMBER, ANNO
DOMINI 1800.

1800. — November Session.

answer of the senate to the governor's speech at
the opening of the session.

May it Please Your Excellency,

It having been generally understood, that the object of
the Legislature, in assembling at this Season of the year,
is the appointment of Electors of President & Vice Presi-
dent of the United States, the Senate do not contemplate
engaging in any other business which can conveniently be
deferred to another Session. And sincerely do we accord
with you in the prayer, that our suffrages may be bestowed
on the friends of order & good Government, & that the
result may promote the best interests of our Country.

It is matter of regret, that any of our fellow Citizens
should be so lost to a sense of their duty & interest, as to
set the power of Government at defiance, & oppose their
individual strength to that of the Community. So far as
may depend on us, your Excellency may be assured that
proper means will be adopted to suppress such pernicious
evils.

We are gratified with the information, which your Excel-
lency has communicated with respect to the improved state
of our Militia. We feel confident, that so much depend-
ance is to be placed on their discipline, courage & patriot-
ism that their Country has more to fear from the arts than
from the Arms of her Enemies. November 13, 1800.

168 Resolves, 1800. — November Session.

ANSWER OF THE HOUSE TO THE GOVERNOR'S SPEECH AT THE
OPENING OF THE SESSION.

May it Please Your Excellency r,

The House of Representatives concur with your Excel-
lency in the sentiment, that the object of their present
Session is highly interesting, not only to our immediate
Constituents, but to the whole People of the United States,
since the welfare & prosperity of a Nation, essentially
depend on the character of their Magistrates, and the
wisdom with which their government is administered.
Seriously impressed with this sentiment, it shall be our
zealous endeavour, to select those who are to give their
suffrages in this State, in the ensuing important election
from the best informed citizens, and who have afforded
proofs of their attachment to order & good government. —
and may that wise and gracious Providence, which has
hitherto directed the Counsels, & prospered the exertions
of the American People, overrule and direct our deliber-
ations upon this occasion for the Public good !

While we learn with satisfaction that tranquility gen-
erally prevails throughout the Commonwealth, we receive
with regret the painful information, that in one County
some misguided & deluded Citizens have been guilty of
violent infractions of the peace of the Commonwealth,
and have manifested a spirit of resistance to the Law.

Your Excellency, and the good citizens of the State,
may be assured, that this House will co-operate in all
proper measures to detect and punish all such enormities
already committed, and to prevent, as far as possible, the
commission of them in future : — For they are fully con-
vinced with your Excellency, that indifference on the part
of the Government, will serve to embolden the offenders,
and to invite, by a hope of impunity, the repetition of
similar outrages.

The unusual improved state of the Militia, which your
Excellency has noticed, must be highly gratifying to every
Friend to the Rights and Dignity of our Country ; for with
a Militia thus trained, and animated with patriotic and
military ardor, — America will not hesitate to assert, or
be unable to defend her National rights, against any in-
vader.

The important object of a National election having been
the sole occasion of the present extraordinary Session, and

Resolves, 1800. — November Session. 169

the habits and convenience of the Citizens requiring a meet-
ing of the Legislature at a later Season, we shall endeavour
to make the present Session as short, and as little burden-
some to the People as possible. November 13, 1800.

Chapter 47.

RESOLVE ON THE PETITION OF JESSE SEVERANCE, DIRECTING
THE TREASURER TO STAY EXECUTION.

On the petition of Jess[e] Severance, of Conway, in the
county of Hampshire, praying that Execution, for the
balance due from him, as a collector, for the said town of
Conway, may be stayed.

Resolved, for the reasons set forth in the said petition,
that the prayer thereof be granted, and that the treas-
urer, of this Commonwealth be and hereby is directed to
stay Execution for the balance aforesaid, until the first day
of May next. November 14, 1800.

Chapter 48.

RESOLVE ESTABLISHING THE PAY OF THE MEMBERS OF BOTH

HOUSES.

Resolved, that there be allowed and paid out of the
Treasury of this Commonwealth, to each Member of the
Council, Senate, & House of Representatives, two Dollars
per day, for each days attendance the present Session, and
the like sum for every ten Miles distance from their re-
spective places of abode, to the place of the sitting of the
General Court.

And be it further Resolved, that there be paid to the
President of the Senate and Speaker of the House of Rep-
resentatives, each, two dollars pr. day, for each & every
days attendance, over & above their pay as Members.

November 14, 1800.

Chapter 49.

RESOLVE ON THE PETITION OF ISRAEL ATHERTON, AUTHOR-
IZING THE JUDGE OF PROBATE TO EXTEND THE COMMIS-
SION OF THE COMMISSIONERS ON THE ESTATE OF CEPHAS
PRENTISS.

On the Petition of Israel Atherton administrator on the
Estate of Cephas Prentiss late of Lancaster represented

170 Resolves, 1800. — November Session.

insolvent praying that a further time may be allowed the
Creditors of said Estate to bring in & prove their Claims &c.
Resolved that the prayer of the said petition be granted.
And the Judge of Probate for the county of Worcester is
hereby authorized & impow[er]ed to extend the Commis-
sion of the Commissioners on the Estate of the said Cephas
Prentiss a further time not exceeding six months from the
present day, that the Creditors of the said Estate may
exhibit their claims thereon for examination & allowance
the said Commissioners giving such notice of this resolve
& of the times & places they may appoint for receiving
said claims as the said Judge may direct.

November 14, 1800.

Chapter 50.

RESOLVE MAKING A GRANT TO THE MESSENGER OF THE
GENERAL COURT FOR THE PURCHASE OF FUEL, &c.

Resolved that there be allowed & paid out of the Treas-
ury of this Commonwealth to Jacob Kuhn Messenger of
the General Court the sum of One hundred & fifty Dollars
to enable him to purchase fuel &c for the use of said Court,
he to be accountable for the expenditure of the same.

November 14, 1800.

Chapter 51.

RESOLVE ON THE PETITION OF ELISABETH LEIGHTON.
GRANT TO.

On the Petition of Elisabeth Leighton, Widow of Bos-
ton in the County of Suffolk, praying the allowance of
monies expended on a house in Court-Street, belonging
to the Commonwealth.

Resolved, that there be allowed & paid out of the Treas-
ury of the Commonwealth, to the said Elisabeth Leighton,
the sum of forty eight Dollars, in full, for the repairs, by
her made on said House agreable to the prayer of her
petition. November 14, 1800.

Chapter 52.

RESOLVE ON THE PETITION OF GEORGE PETERS, OF TISBURY,
AUTHORIZING HIM, AS GUARDIAN, TO SELL THE LAND MEN-
TIONED.

On the petition of George Peters of Tisbury in. the
County of Dukes County guardian of Joseph Tacanish an

Resolves, 1800. — November Session. 171

indian minor praying that he may be licensed to sell a piece
of land the property of said Tacanish, lying in Edgarton
in said County containing by estimation twenty acres
bounded on all sides by land of Samuel Norton.

Resolved for reasons set forth in said petition that the
said George Peters guardian as aforesaid be and he hereby
is authorized to sell and convey said land for the most the
same will fetch and to make and execute a good and suffi-
cient deed or deeds for that purpose — he the said George
first giving bond with sufficient surety or sureties to the
Judge of Probate for said County in such sum as said
Judge shall direct conditioned that he will act faithfully
and impartially in all things touching said sale and will
account for the proceeds thereof as the law directs in like
cases. November 14, 1800.

Chapter 53.

RESOLVE GRANTING AN ADDITIONAL ALLOWANCE TO EDWARD

McLANE.

On the petition of Edward McLane, a Clerk in the
Secretary's Office.

Resolved that there be allowed and paid out of the
Treasury of this Commonwealth, unto the said Edward
McLane, the sum of Fifty eight Cents for each day he
shall be in actual service, (to commence with the four-
teenth day of Apl. last) in addition to the sum allowed
by a Resolve of the fourteenth of June last.

November 14, 1800.

Chapter 54.

RESOLVE ON THE PETITION OF TIMOTHY RICHARDSON 3D.,
EMPOWERING TAMMA FOSTER AND WILLIAM FOSTER, 2D,
TO EXECUTE THE DEED MENTIONED.

On the petition of Timothy Richardson the 3d.

Resolved that the prayer of the said petition be granted,
and that Tamma Foster, and William Foster the 2d as ad-
ministrators on the estate of Silas Foster late of Royals-
ton deceased be and they are hereby empowered to make
& execute a Deed to the said Timothy Richardson of the
Pew sold by the said Silas Foster to the said Timothy
Richardson, which deed by them so executed — shall be
as good and valid in Law, as tho' the said Deed had been
duly executed by the said Silas Foster.

November 15, 1800.

172 Resolves, 1800. — November Session.

Chapter 55.

GRANT TO THE CLERKS OF THE TWO BRANCHES OF THE
LEGISLATURE.

Resolved that there be allowed & paid out of the public
Treasury of this Commonwealth, to Edward P. Hayman
Esq. Clerk of the Senate Fifty three dollars & ffo & to
Henry Warren Esq. Clerk of the house of Representa-
tives Fifty three dollars and thirty three Cents — on
account of their services as Clerks aforesaid ; they to be
accountable for the same respectively.

November 15, 1800.

Chapter 56.

RESOLVE ON PETITION OF EDWARD OXNARD.

On the petition of Edward Oxnard of Portland in
the County of Cumberland, Merchant, and Sarah Fox
widow and administratrix on the estate of John Fox Esq.
of said Portland deceased, praying that said Sarah should
be empowered to make & execute a Deed of a certain
tract of Land in North Yarmouth in the County aforesaid
which land the said John Fox when alive together with
said Edward Oxnard sold to Stephen Blasdell of said
North Yarmouth, yeoman, but did not give a Deed.

Resolved for reasons set forth in said petition, that the
prayer thereof be so far granted that the said Sarah Fox
administratrix, as aforesd. be & she is hereby authorized
& empowered in conjunction with the said Edward Ox-
nard, to make & execute to the said Stephen Blasdell a
good & lawful Deed of five eighths of a tract of Land in
North Yarmouth called the Gore lot adjoining the old
town line supposed to contain Sixty acres, on his paying
to the said administratrix such sum as now remains due
of the price originally stipulated to be paid to the said
Fox for the said land, conformable to the terms of the
original Contract. November 15, 1800.

Chapter 57.

RESOLVE TO SUPPLY THE VACANCIES IN THE ELECTORS OF
PRESIDENT AND VICE-PRESIDENT OF THE UNITED STATES
AND DIRECTING TIME OF THE MEETING OF THE SAID
ELECTORS.

Whereas it may so happen that one or more of the
Electors of President and Vice President may be pre-

Resolves, 1800. — November Session. 1 73

vented by death, sickness resignation or otherwise from
attending on the day appointed to give their votes :
Therefore

Resolved That the said Electors appointed by this court
at their present session, be, and they are hereby, directed
to meet at the State house in Boston on Tuesday the sec-
ond day of December next, at ten of the clock in the
forenoon for the purpose of supplying such vacancies.
And the said Electors who may then and there be present
are hereby empowered to fill up all vacancies which may
happen as aforesaid, by electing by ballot from the people
at large so many suitable persons for Electors of president
and vice-president as may be necessary to supply such
vacancies, and to declare the person or persons so ap-
pointed by the said Electors present and empowered as
aforesaid, or the major part of them, to be Elector, or
Electors of the President and vice president of the United
States, duly chosen for the purpose, and certify the same
to. the Governor of the Commonwealth, in order that he
may grant all necessary certificates.

And it is further resolved — That the Secretary of the
Commonwealth be, and hereby is, directed to transmit to
the several Electors already appointed by this Court an
attested Copy of this Resolve and also that he lay before
them any Resignation of an elector which he may receive
before the time appointed for electing the president and
vice president. November 15, 1800.

Chapter 58.

RESOLVE PROVIDING FOR THE PAY OF THE ASSISTANT CLERK
OF THE SENATE.

Resolved, that there be allowed and paid out of the
Treasury of this Commonwealth, to George E. Vaughan,
Assistant Clerk of the Senate, the sum of thirty eight
dollars, in full for his services the present session of the
General Court. November 15, 1800.

Chapter 59.

GRANT TO THOMAS WALLCUT.

Resolved that there be allowed & paid out of the Pub-
lic Treasury to Thomas Wallcut Assistant Clerk of the
House of Representatives Fourteen Dollars in full of his
services the present Session, including two days writing
previous to the Session. November 15, 1800.

174 Resolves, 1800. — November Session.

Chapter 60.

GRANT TO ISAAC PEIRCE, MESSENGER OF THE COUNCIL, TO
PURCHASE FUEL, ETC.

Resolved that there be allowed and paid out of the
Treasury of this Commonwealth, unto Isaac Peirce, Mes-
senger to the Governor and Council, the sum of one hun-
dred Dollars, to enable him to purchase Fuel and other
necessaries for the Council Chamber and Secy's. Office,
he to be accountable for the same. November 15, 1800.

Chapter 61.

RESOLVE ON THE PETITION OF SARAH AMOS, AN INDIAN
WOMAN, EMPOWERING EZEKIEL LUCE TO MAKE SALE OF
THE LAND MENTIONED.

On the Petition of Sarah Amos an Indian woman of
Tisbury in the County of Dukes County praying for lib-
erty to Sell Eeal Estate.

Resolved that the prayer of Said Petition be granted and
that Ezekiel Luce be and he is hereby empowered to make
Sale of certain land belonging to the Said Sarah Amos
bounded as follows on the west by Otice's Line Northerly
and Easterly by Indian Land Southerly by land of Stephen
Luce and to Sell the same for the most it will fetch, for
the purposes of discharging Said Petitioners debts the
charge of Sale and for the Support of the Said Sarah : the
Said Ezekiel Luce first giving bonds to the Judge of Pro-
bate for the County of Dukes County in Such Sum as the
said Judge Shall direct conditioned that he will act faith-
fully and impartially in all things touching the said Sale
and will account for the proceeds thereof as the Law
Directs in like casses. November 15, 1800.

Chapter 62.

RESOLVE ON THE PETITION OF REUBEN SMITH.

On the Petition of Eeuben Smith the second of Sandis-
field in the County of Berkshire & Nicholas Bond Jun. of
Southfield in said County praying for a discharge from
a part of the Penalty of a certain liecognizance by them
entered into as sureties to James Robberts of Sandisfield
aforesd. for the personal appearance of the said James
before the Justices of the Supreme Judicial Court which
was holden at Lenox within & for the said County of

Resolves, 1800. — November Session. 175

Berkshire on the first Tuesday of October in the Year of
our Lord one thousand seven hundred & ninety nine — in
which Recognizance the said James was bound as principal
in the sum of one thousand dollars, to the Commonwealth,
and the said Nicholas & Reuben severally as sureties in
the sum of one thousand dollars — on which recognizance
the said Principal & sureties have been defaulted & writs
of scire facias have issued against them severally for the
said sum of one thousand dollars — & the several actions
aforesd. against the said sureties stand continued for Judg-
ment to the next Term of said Supreme Judicial Court to
be holden at Lenox within & for said County of Berkshire
on the last Tuesday of May next.

Resolved that the said Supreme Judicial Court be & they
hereby are authorized to render Judgment against the said
Nicholas & Reuben in the several actions aforesd. at the
same term of said Court for the sum of five hundred dollars
each, Debt & Costs of suit — any thing in the Recognizance
and writs of Scire facias aforesd. contained notwithstand-
ing. November 15, 1800.

Chapter 63.

RESOLVE REQUESTING THE GOVERNOR, WITH THE ADVICE
OF COUNCIL, TO ISSUE A PROCLAMATION OFFERING A RE-
WARD FOR THE APPREHENSION OF CERTAIN NOTORIOUS
OFFENDERS IN THE COUNTY OF HANCOCK.

Resolved that his Excellency the Governor be & he
hereby is Requested, with the advice & consent of the
council to Issue his proclamation offering rewards to any
person or persons for apprehending and bringing to legal
punishment, any of those notorious offenders who were
concerned in firing upon, & wounding Broadstreet Wiggins
& others who were surveying land in the county of Han-
cock on the eighteenth day of July last.

And it is further Resolved that there be, & hereby is
granted a sum not exceeding one thousand dollars for the
purpose of defraying the expence which may arise in carv-
ing this Resolve into Elfect. November 15, 1800.

176 Resolves, 1800. — November Session.

Chapter 64.

RESOLVE GRANTING HON. THOMAS DAWES AND EDWARD H.
ROBBINS, ESQUIRES, AGENTS FOR BUILDING A STATE PRISON,
2,000 DOLLARS TO PAY FOR A LOT OF LAND AT CHARLESTOWN.

Resolved that there be allowed and paid out of the Treas-
ury of this Common wealth to the hon. Thomas Dawes and
Edward H. Bobbins Esqrs. Agents to build a State Prison,
the sum of two thousand Dollars to pay for a lot of land
they have purchased of Archibald McNeill in Charlestown
to erect a State Prison on. November 15, 1800.

Chapter 65.

GRANT TO MESSRS. MANNING AND LORING, PRINTERS.

Resolved that there be paid out of the Public Treasury
to Messrs. Manning & Loring — Printers, Five hundred
Dollars on account to enable them to fulfill their Contract
in completing a new Edition of the Laws of the Common-
wealth— On condition that the said Manning & Loring
shall make such security as shall be satisfactory to the
Treasurer of the Comon wealth, that they will refund the
aforesaid money, if they shall not execute their said con-
tract to the acceptance of the Genl. Court.

November 15, 1800.

RESOLVES

GENERAL COURT OF MASSACHUSETTS.

PASSED AT THE SESSION BEGUN AND HELD AT BOSTON,
ON THURSDAY, THE TWENTY-SECOND DAY OF JANUARY,
ANNO DOMINI, 1801.

1800. — January Session.
Chapter 66.

RESOLVE ON THE REPRESENTATION OF THE TREASURER, RE-
SPECTING A NOTE SIGNED BY PARK HOLLAND AND OTHERS,
AUTHORIZING THE TREASURER TO RECEIVE THE SUM MEN-
TIONED, AS SATISFACTION FOR THE JUDGMENT RECOVERED.

On the Representation of the Treasurer of this Common-
wealth stating that application has been made to him to
receive the monies due on a certain note of hand signed
by Park Holland, Isaac Maltby and Jonathan Maynard,
dated 2d of March 1795, for the sum of seventeen hundred
and thirty two dollars twenty four cents (Judgment of
Court having been had thereon as of record appears) in
the liquidation of which more interest has been demanded
by them under the construction of a Resolve passed 10th
June 1799, than is therein intended or expressed. For
the full explanation thereof

Be it Resolved that the Treasurer of this Commonwealth
be and he is hereby authorised to receive the sum of eleven
hundred ninety six dollars and thirty four cents as sat-
isfaction in full for the Judgment recovered on the note
aforesaid, and on receipt thereof to discharge said Judg-
ment accordingly. January 23, 1801.

178 Resolves, 1800. — January Session.

ANSWER OF THE SENATE TO THE GOVERNOR'S SPEECH AT
THE OPENING OF THE SESSION.

May it Please Your Excellency,

The Senate of Massachusetts receive with great satis-
faction your Excellency's address to both Houses of the
Legislature. We consider it as affording new proof, not
only of the wisdom, but of the purity of intention by which
you are governed.

We have abundant cause of gratitude for the general
health and uncommon prosperity enjoyed by our fellow
citizens throughout the Commonwealth. We shall cheer-
fully contribute our vigilant and faithful endeavors to
preserve their present advantages, and promote their last-
ing reputation and interest ; to check the alarming growth
of vice and impiety ; to cherish the institutions for moral
instruction, and the education of youth, and to maintain
the principles of justice, and provide for its equal admin-
istration in every part of the Commonwealth.

As the happiness of the great body of the people of the
United States, is inseperably connected with the welfare
and prosperity of the community, it needs only that they
be correctly informed, to remove groundless prejudices,
and to extinguish the spirit of party and undue attachment
to any foreign country ; and to induce a consistency and
uniformity of national character.

The conduct of the government of the United States
towards the nations of Europe, has been uniformly marked
with rectitude and moderation. And the wisdom of those
measures of maritime defence which the injustice and jeal-
ousy of the contending nations, have compelled us to resort
to, is verified in their effects ; which have not only justi-
fied the expectations of the most sanguine, but must also
have created a general confidence in the System which
has been so happily successful.

We have equal cause of mutual felicitation for the secu-
rity which the Federal Government has hitherto afforded
to our internal tranquillity ; a blessing, which had the old
confederation continued, we could hardly have hoped for
at this eventful crisis.

And as we have still a confidence in the holy oracles of
our religion, & therefore believe that a tree may be known
by its fruit, so we think that no honest man can pronounce

Resolves, 1800. — January Session. 179

that form of Government to be bad, or that Administration
wicked or corrupt which, under Heaven has advanced our
nation to a degree of prosperity, to which there is no
parallel in the history of mankind.

We learn with great satisfaction the prosperous state
of the finances of this Commonwealth, & that our publick
debt may be soon cancelled without imposing any unusual
burdens on our constituents. This desirable state of things
is undoubtedly to be considered as one of the happy con-
sequences of adopting the federal constitution ; without
which our state government would have been unable to
satisfy the just claims of their creditors, but by resorting
to modes of taxation much more inconvenient than any
which the general government have hitherto found neces-
sary.

The several matters of local concern which your Excel-
lency has suggested, shall receive our prompt and serious
attention. Impressed as we are, with a full belief that the
force of example contributes, in an eminent degree, to the
efficacy of the wisest laws, we not only consider it our
duty to attempt to provide such additional regulations as
may be necessary to secure our constituents in the enjoy-
ment of the fruits of their labor against every species of
injustice or oppression, but, by our personal obedience
and respect for the laws of our Country, to allure our fel-
low Citizens to yeild them a voluntary support.

January 20, 1801.

ANSWER OF THE HOUSE OF REPRESENTATIVES TO THE GOV-
ERNOR'S SPEECH AT THE OPENING OF THE SESSION.

May it Please Your Excellency,

The house of Representatives present their thanks to
your Excellency for the important communications you
have been pleased to make in your address to the two
branches of the Legislature.

The general scene of prosperity and progressive im-
provement exhibited to our view in the various parts of
the Commonwealth, do, indeed afford just cause of satis-
faction and mutual congratulation.

The fruitfulness of the seasons, the success of our fish-
eries & commerce, together with the general state of health,
and many other blessings of an all bountiful providence
during the last year, ought to excite our gratitude ; which

180 Resolves, 1800. — January Session.

will be much enhanced by a contrast of our situation with
a great part of Europe where the horrors of war have
seemed to threaten the extinguishment of individual and
social happiness.

Rejoicing, as we do, in this state of public felicity we
shall at the same time faithfully endeavour to secure and
perpetuate the interests and reputation of our Constitu-
ents ; — to check to the utmost of our power the growth
of vice and impiety ; to cherish the institutions for moral
instruction and the education of youth ; to maintain the
principles of justice and provide for its equal administra-
tion in every part of the Commonwealth. For we believe
that religion & virtue, justice & general information, are
the only securities of a free government.

We cordially unite with your Excellency in sentiment,
that our obligations to support the Federal constitution
require us to attend to national affairs ; to endeavour to
diffuse correct information concerning them anions: our
fellow-citizens, to remove groundless prejudices and dis-
countenance the spirit of party, and an undue attachment
to any foreign nation, and to do all in our power to in-
crease the respectability of the American character.

The commencement of the maritime war in Europe was
distinguished by the policy and wisdom of the General
Government — Deciding at once upon an exact & impar-
tial neutrality, it had just cause to expect to preserve our
rights unmolested by its religious fulfilment of treaties and
sacred regard to the laws of nations. But the jealousy of
the belligerent powers soon led them to obstruct our com-
merce which they justified on such pretexts as constrained
the government to have recourse to our own exertions for
that security, which it in vain expected from their justice
— Accordingly a naval force was created the services of
which have restrained depredation, and open'd to view
resources for a day of still greater trial.

We entirely agree with you, Sir, that delicate and haz-
ardous is the predicament of a neutral nation — Such a
position cannot generally be long maintained unless by
a respectable armed force — With such a force at its com-
mand, a neutral nation may most commonly have its rea-
sonable complaints redressed, without being compelled to
the exercise of its energy. —

As we are of opinion that the General Government, in
our foreign relations, has uniformly acted with modera-

Resolves, 1800. — January Session. 181

tion, impartiality and wisdom, so we conceive, that we
should, on this occasion, neglect our public duty were we
not to express our full approbation of its measures.

All, who shall recollect the languor and difficulties which
pervaded our internal public affairs in the period which
succeeded our revolutionary war, and which continued
until the establishment of the Federal government, will
be convinced that we were then utterly unprepared to
meet the great exigencies which have since arisen. That
the General Government, in a crisis of the affairs of man-
kind, has hitherto, by the favor of Divine Providence, pre-
served the Citizens of the United States from the unlimited
evils of disunion, and anarchy, will not be questional by
any candid person, who reflects on the circumstances of
the times.

The objections which the opponents of the administra-
tion have brought forward against it, at various times are
amply refuted, by the present highly improved condition
of the United States.

But through whatever medium the operations of the
general government may be view'd by others the House
of Representatives freely give it as their opinion that the
first twelve years of its administration which have been
directed in succession by the virtues & talents of a Wash-
ington and an Adams will forever form an honorable &
brilliant part of the American history. That each suc-
ceeding year may equal or surpass the happiness of the
former, may increase the affection and consolidate the
good understanding of the Citizens of the respective states
for each other, must be the devout wish of every sincere
American !

The people of this State will well recollect that when the
federal constitution was form'd, they were oppressed with
an almost insupportable weight of taxes, from which they
are relieved by a settlement of the public accounts, and
the assumption of the State debts.

The information respecting the finances of the State is
highly satisfactory, and when the Treasurer shall exhibit
a particular statement thereof, the subject shall receive
the consideration its importance merits.

The report of the. Quarter master General shall also be
duly noticed, and it affords this House great satisfaction
to learn that our military stores are so abundant, that our
well organiz'd militia, whose discipline reflects so much

182 Resolves, 1800. — January Session.

honor on the Commonwealth, may be fully supplied, in
ease the public service should render it necessary.

The provisions for the suppression of Lotteries not al-
lowed or established by the Legislature ; the Inspection
laws, and the other subjects recommended in your Excel-
lency's communication will receive a respectful attention
in the course of the present session, which we hope will
be conducted with that spirit of candor and harmony,
which you have been pleased to observe, prevailed in the
former session.

We are happy in the reflexion that the rights and liber-
ties of our fellow-citizens are secured by wise standing
laws, should any measures occur which will tend to melio-
rate their condition, or increase their security we will
chearfully adopt them — But we are fully sensible that the
wisest and best laws will not be duly observ'd unless they
are enforced by the example of those who make & exe-
cute them.

The active patriotism and love of order, which have dis-
tinguish'd your Excellency's life, are sure pledges of your
zealous disposition to co-operate in every measure calcu-
lated to promote the public welfare.

January 27, 1801.

Chapter 67.

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS
FOR THE COUNTY OF NORFOLK AND GRANTING A TAX.

Whereas the Treasurer of the County of Norfolk has
laid his accounts before the General Court, in manner
prescribed by Law, which accounts are hereby allowed :
And Whereas the Clerk of the Court of General Sessions
of the Peace for the said County of Norfolk has laid before
the General Court an estimate made by the said Court of
General Sessions of the Peace for the said County of Nor-
folk of the debts due from, and of the necessary charges
likely to arise within the said County the present year
amounting to Three Thousand & six hundred Dollars :

Resolved that the sum of Three thousand and Six hun-
dred Dollars be & hereby is granted as a tax for the said
County of Norfolk, to be apportioned, assessed, collected,
& applied in manner as the Law directs.

January 27 \ 1801,

Resolves, 1800. — Januaky Session. 183

Chapter (>8.

RESOLVE ON THE PETITION OF CESAR GIMBEE, &C. AUTHOR-
IZING THE TRUSTEES OF THE GRAFTON INDIANS TO MAKE
SALE OF THE LAND MENTIONED,

On The Petition of Csssar Gimbee & Moses Gimbee Two
of the Grafton Indians so called, praying that the Trus-
tees of said Indians may be impowerd to sell and convey
certain real Estate belonging to the [said] Csesar Ginibee
& Moses Gimbee.

Resolved, for the reasons set Forth in said Petition,
That Benj. Hey wood & Isaac Harrington Trustees of
the Grafton Indians, be and they are hereby empowerd
to make sale of about seventeen Acres of Land lying in
Grafton belonging to the said Caesar & Moses Gimbee,
for the best Benefit & advantage of the said Cresar &
Moses — and that the said Hey wood & Harrington Trus-
tees aforesaid, be and they are hereby empowerd, to
make and execute good and sufficient conveyances of the
right which the said Csesar and Moses Gimbee have in &
unto the Land aforesaid — and that the proceeds of the
sale be appropriated to the use of the said Csesar & Moses
Gimbee. January 27, 1801.

Chapter 69.

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS
FOR THE COUNTY OF ESSEX AND GRANTING A TAX.

Whereas The Treasurer of the County of Essex has
laid his accounts before the General Court in manner pre-
scribed by Law, which accounts are hereby allowed : And
Whereas the Clerk of the Court of General Sessions of
the Peace for said County, has laid before the General
Court an estimate, made by the said Court of General
Sessions of the Peace for the said County of Essex of the
necessary charges likely to arise within said County the
present year amounting to Two Thousand One hundred
& twenty Dollars :

Resolved that the said sum of Two thousand, One hun-
dred & twenty Dollars, be and hereby is granted as a tax
for said County of Essex, to be apportioned assessed,
collected, & applied in manner as the Law directs.

January 27, 1801.

184 Resolves, 1800. — Januaky Session.

Chapter 70.

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS
FOR THE COUNTY OF WASHINGTON AND GRANTING A TAX.

Whereas the Treasurer of the County of Washington
has laid his accounts before the General Court in manner
prescribed by Law, which accounts are hereby allowed :
and Whereas the Clerk of the Court of General Sessions
of the Peace for said County has laid before the Genera]
Court an estimate, made by the said Court of General Ses-
sions of the Peace for said County of Washington of the
necessary charges likely to arise within the said County
the present year, amounting to Eight hundred & twenty-
five Dollars :

Resolved that the sum of Eight hundred and twenty
five Dollars, be and hereby is granted as a Tax for the
said County of Washington — to be apportioned, assessed,
collected, and applied in manner as the Law directs.

January 27, 1801.

Chapter 71.

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS
FOR THE COUNTY OF BARNSTABLE AND GRANTING A TAX.

Whereas the Treasurer of the County of Barnstable,
has laid his accounts before the General Court in manner
prescribed by Law, which accounts are hereby allowed :
And Whereas the Clerk of the Court of General Sessions
of the Peace for the said County has laid before the Gen-
eral Court an estimate, made by the said Court of General
Sessions of the Peace for the said County of Barnstable
of the necessary charges likely to arise, — within the said
County the present year, amounting to Eleven hundred
and fifty Dollars :

Resolved that the sum of One Thousand One hundred
& fifty Dollars, be and hereby is granted as a Tax for said
County of Barnstable to be apportioned, assessed, col-
lected, and applied in manner as the Law directs.

January 28, 1801.

Resolves, 1800. — January Session. 185

Chapter 72.

RESOLVE ON THE PETITION OF NANCY FAIRBANKS, AND SAM-
UEL FAIRBANKS.

On the petition of N:incy Fairbank and Samuel Fair-
banks administrators of the Estate of Laban Fairbanks
late of Mendon in the county of Worcester deceased,
praying to be authorized to make a deed of twenty seven
acres of land to Nathan Daniels.

Resolved that Nancy Fairbanks & Samuel Fairbanks,
administrators of the Estate of Laban Fairbanks late of
Mendon deceased, are hereby authorized & empowered in
tbeir capacity of administrators aforesaid to make & Exe-
cute (to Nathan Daniels) a good & lawfull deed of twenty
seven acres of land in Mendon aforesaid being the same
land that the Said Laban sold in his life time to the said
Nathan, provided that he shall pay the said administra-
tors the remainder of the money for which said land was
sold, & the interest of the same from the time of said
sale, which money shall be applied by them to the pay-
ment of the Said deceased's Just debts, and the said ad-
ministrators shall be accountable to the Judge of probate
for the county of Worcester in the settlement of their
accounts for the money so received.

January 28, 1801.

Chapter 73.

RESOLVE VESTING THE COMMISSIONERS APPOINTED TO AS-
CERTAIN THE BOUNDARY LINE BETWEEN THIS COM-
MONWEALTH AND CONNECTICUT WITH THE NECESSARY
POWERS.

Whereas by an act passed on the eighth day of March
in the year of our Lord one thousand seven hundred
and ninety one entitled " An Act appointing Commis-
sioners on the part of this Commonwealth for ascertain-
ing the boundary line between this Commonwealth and
the State of Connecticut " The Honourable John Worth-
ington Nathaniel Gorham and Samuel Lyman Esqrs. were
appointed commissioners for carrying into effect the pur-
poses of said act, and whereas, said persons having all
resigned said appointment, the Legislature have desig-
nated other persons hereinafter named to supply their
places : Therefore

186 Resolves, 1800. — January Session.

Resolved That the Hon. Timothy Bigelow, Esqr. George
Bliss and John Hooker, Esqrs. or in case of the death or
resignation of either of them such other persons as may
hereafter be designated for this purpose by the Legislat-
ure be and they hereby are invested with all the authority
and power which was delegated by the act aforesaid to
the persons therein named, as fully as if their names had
been inserted therein and his Excellency the Governour is
hereby requested to commission them accordingly.

Jamiary 28, 1S01.

Chapter 74.

RESOLVE ON THE PETITION OF CAROLINE FRANCOEUR.

( )n the Petition of Caroline Francoeur, wife to John
Francoeur — late of Wrentham in the County of Norfolk
Trader praying that she may be impowered generally,
either by herself or her Attorney, to appear in all causes
that are or may be brought in the name of the said John
Francour, her husband, now absent' in Europe, & to
prosecute & defend the same to final Judgment & Execu-
tion, & also to appear & defend all actions that are or may
be brought against said Francoeur, in his absence &c.

Resolved that the said Caroline Francoeur, for reasons
set forth in her petition, be & she is hereby authorised
& impowered, during the absence of her husband, to
appear either by herself or her Attorney in all causes,
that are or may be brought, in her said husband's name &
to prosecute the same to final judgment & execution, &
also to appear by herself or her Attorney, to defend all
actions, that now are, or that may hereafter be com-
menced against him, provided, that the said Caroline first
make & execute a Bond, to the judge of Probate for the
County of Norfolk, with sufficient sureties, conditioned,
that all the property taken & recovered by virtue of this
Power, shall be accounted for by the said Caroline, or her
Attorney, to the said John Francoeur, should he return
and demand it. January 29, 1801.

Chapter 75.

RESOLVE ON THE PETITION OF THE JUSTICES OF THE COURT
OF GENERAL SESSIONS OF THE PEACE FOR THE COUNTY
OF WORCESTER, GRANTING A TAX FOR THE BUILDING OF
THE COURT HOUSE.

On the petition of the Justices of the Court of General
Sessions of the peace, within and for the County of Worces-

Resolves, 1800. — January Session. 187

ter, praying that a tax upon the Inhabitants of that County
of seven thousand six hundred and sixty six dollars sixty
seven cents may be granted for the purpose of building a
Court house in Worcester in the same County.

Resolved That the prayer of said petition be granted
and that a tax of seven thousand six hundred and sixty
six dollars sixty seven cents, shall be assessed upon
the polls and estates in the County of Worcester, for the
purpose of building a Court house in the town of Worces-
ter in said County, in manner following that is to say —
four thousand dollars part of said sum shall be assessed
on said polls and estates in the present year, and three
thousand six hundred and sixty six dollars sixty seven
cents the remainder of said first mentioned sum shall be
assessed on said polls and estates in the year of our Lord
one thousand eight hundred and two. Provided never-
theless, that if any town within said County which may be
taxed their proportion of either of the sums aforesaid for
the purpose aforesaid, shall within ten years next after
the assessing of any such tax be severed from said County
and incorporated with any other County, such town so
severed shall have a right to recover of the said County
of Worcester any sum which they shall have been assessed
and paid towards the tax aforesaid within the term of ten
years next preceding the time of their being so severed ;
and an action shall accrue to such town to recover and
have any such sum, of the said County of Worcester
accordingly. January 29, 1801.

Chapter 7G.

RESOLVE ON THE PETITION OF ISAAC PARSONS, ADMINISTRA-
TOR ON THE ESTATE OF JOSIAH NOYES, LATE OF FAL-
MOUTH, IN THE COUNTY OF CUMBERLAND, DIRECTING THE
SECRETARY IN THIS CASE.

On the Petition of Isaac Parsons Administrator on ye
Estate of Josiah Noyes late of Falmouth in the County of
Cumberland deceased.

Resolved that an original Receipt given to said Noyes
by ye late Treasurer of ye late province of ye Massachu-
setts for ye sum of two hundred and fourteen pounds seven
shillings lawful money of sd. Province paid into ye Treas-
ury thereof by ye sd. Noyes, be delivered by ye Secretary
of the Commonwealth in whose hands ye same now rests,
ye sd. Secretary taking a Copy thereof to be attested by
himself & acknowledged by said Parsons Admr. of said
Noyes to be a true Copy thereof. January 30, 1801.

188 Resolves, 1800. — Jan u amy Session.

Chapter 77.

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS
FOR THE COUNTY OF YORK AND GRANTING A TAX.

Whereas the Treasurer of the County of York, has laid
his aecounts before the General Court, in manner prescribed
by Law, which accounts are hereby allowed : And Whereas
the Clerk of the Court of General Sessions of the Peace
for said County has laid before the General Court an esti-
mate, made by the said Court of General Sessions of the
Peace for the said County of York, of the necessary
charges likely to arise within the said County the present
year amounting to Two thousand Dollars :

Resolved that the sum of Two thousand Dollars be and
hereby is granted as a Tax for the said County of York,
to be apportioned assessed, collected & applied in manner
as the Law directs. January 30, 1801.

Chapter 78.

RESOLVE ON THE PETITION OF REUBEN SMITH, AUTHORIZING
THE SUPREME JUDICIAL COURT TO RENDER JUDGMENT
AGAINST HIM FOR A PORTION ONLY OF THE RECOGNI-
ZANCE ENTERED INTO BY HIM.

On the petition of Reuben Smith the second of Sandis-
field in the County of Berkshire praying for a discharge
in part of a certain recognizance by him entered into for
the appearance of James Roberts of Sandisfield aforesaid
before the Justices of the Supreme Judicial Court which
was holden at Lenox within & for said county of Berk-
shire on the first tuesday of October in the year of our
LORD one thousand seven hundred and ninety nine, on
which a writ of scire facias has issued against the said
Reuben.

Resolved that the said Supreme Judicial Court be and
they hereby are authorized to render Judgement against
the said Reuben in the action aforesaid, for the sum of
four hundred dollars only any thing in the recognizance
and writ of scire facias aforesaid notwithstanding.

February 5, 1801.

Resolves, 1800. — January Session. 189

Chapter 79.

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS
FOR THE COUNTY OF WORCESTER, AND GRANTING A TAX.

Whereas the Treasurer of the County of Worcester has
laid his accounts before the General Court in manner pre-
scribed by Law, which accounts are hereby allowed — And
Whereas the Clerk of the Court of General Sessions of the
Peace for the said County of Worcester has laid before the
General Court an estimate made by the said Court of Gen-
eral Sessions of the Peace for the said County of the neces-
sary charges likely to arise within the said County the
present year, amounting to Three Thousand Dollars :

Resolved that the sum of Three Thousand Dollars, be
and hereby is granted as a Tax for the said County of
Worcester, to be apportioned, assessed, collected, and
applied in manner as the Law directs.

February 4, 1801.

Chapter 80.

RESOLVE ON THE PETITION OF DAVID FAY, GRANTING HIM
EIGHTY DOLLARS.

On the petition of David Fay, an Ensign in the 5th
Regiment of the 1st Brigade, in the 4th Division of
Militia, setting forth, that in the execution of his duty as
a Militia Officer he received a wound by an accidental
thrust of a bayonet through his thigh which has subjected
him to confinement and expences more than he has ability
to bear, and praying relief from this Court.

Resolved that there be paid out of the Public Treasury
to the said David Fay, the sum of Eighty Dollars, and
his Fxcellency the Governor with advice of Council is re-
quested to issue a warrant accordingly.

February 5, 1801.

Chapter 81.

RESOLVE ABATING THE TOWN OF COLUMBIA CERTAIN SUMS

OF MONEY.

Whereas, by a Resolve, which passed the General Court
the 2<lth of March 1788, all lands which should be sold
pursuant to said Kesolvc, by the Committee for the sale

190 Resolves, 1800.: — January Session.

of Eastern Lands, were exempted from taxes, for the space
often years ; and whereas, Townships No. 12 & 13, which
have since been incorporated into a Town, by the name
of Columbia were, since the year 1790, sold by said Com-
mittee, according to the Resolve aforesaid ; notwithstand-
ing which said Town of Columbia was assessed, in the tax
for the year 1799, forty four Dollars & fifty eight cents ;
And in the tax for the year 1800, forty four Dollars &
fifty eight cents :

Resolved, that the aforesaid sums be abated to the said
Town of Columbia — And the Treasurer is hereby directed,
to discharge said Town, from the Taxes aforesaid.

February 5, 1801.

Chapter 82.

RESOLVE ON THE PETITION OF LUCY HECTOR AND HANNAH
GIMBIE, EMPOWERING THE TRUSTEES OF THE GRAFTON
INDIANS TO SELL A PARCEL OF LAND FOR THEIR BENEFIT.

On the petition of Lucy Hector and Hannah Gimbie two
of the Grafton Indians — praying to have the Trustees of
said Indians impowered to Sell so much of their laud (after
their division of said land) as will be Sufficient to defray
the Expences of Building them a Small dwelling House.

Resolved for reasons Set forth In Said petition that the
Trustees of the Grafton Indians are hereby impowered to
Sell So much of the Said Indians land as will Enable them
to Build a Small dwelling House Suitable for the Condi-
tion of the Indians aforesaid. February 6, 1801.

Chapter 83.

RESOLVE ON THE PETITION OF JOHN WARREN, ALLOWING
HIM TWO YEARS FOR THE COMPLETION OF THE SETTLE-
MENT OF THE TOWNSHIP MENTIONED.

On the petition of John Warren Esqr. praying for an
extension of the time allowed for compleating the settle-
ment of Township Number Four in ye fourth Range north
of ye Waldo Patent and of number Three in the first Range
north of ye Plymouth Claim.

Resolved for ye reasons set forth in said petition, that
two years shall be allowed to the said John Warren & his
assigns, in addition to ye periods originally granted, for
compleating the settlement required by the contracts for
said townships, upon Township Number Four in the Fourth

Resolves, 1800. — January Session. 191

range of townships north of the Waldo patent and upon
Township Number Three in ye first Range of townships
North of the Plymouth claim. February 6, 1801.

Chapter 84.

RESOLVE ON THE PETITION OF BENJAMIN THOMPSON, DIS-
CHARGING HIM FROM THE JUDGMENT MENTIONED AND
GRANTING HIM 168 DOLLARS.

On the Petition of Benjamin Thompson praying that he
& his Son Benja. Thompson Junr. may be discharged from
the Judgments mentioned in said Petition & that the Money
they have paid on the. Executions that have issued on said
Judgments may be refunded to them.

Resolved that the Prayer of said Petition be so far
granted, that the said Benja. Thompson be wholly dis-
charged from the Judgment mentioned in said Petition &
that the Sum collected on the said Execution be refunded
to him ; and that there be paid out of the Treasury of this
Commonwealth to the said Benjamin Thompson the Sum
of one Hundred & Sixty eight Dollars.

February 6, 1801.

Chapter 85.

RESOLVE ALLOWING ACCOUNTS OF THE TREASURER OF THE
COUNTY OF DUKES COUNTY AND GRANTING A TAX.

Whereas the Treasurer of the County of Dukes County,
has laid his accounts before the General Court in manner
prescribed by Law, which accounts are hereby allowed ;
And Whereas the Clerk of the Court of General Sessions
of the Peace for the said County has laid before the Gen-
eral Court an estimate made by the said Court of General
Sessions of the Peace for the said County of Dukes County,
of the necessary charges likely to arise within the said
County for the present year, amounting to Four hundred
Dollars :

Resolved that the sum of Four hundred Dollars be and
hereby is granted as a Tax for the said County of Dukes
County, to be apportioned, assessed, collected, and applied
in manner as the Law directs. February 0, 1801.

192 Resolves, 1800. — January Session.

Chapter 86.

RESOLVE ON THE PETITION OF JONATHAN H. LOVETT AND
OTHERS, AUTHORIZING THE GOVERNOR WITH THE ADVICE
OF COUNCIL, TO RAISE A COMPANY OF LIGHT INFANTRY
IN 3D REGIMENT, 1ST BRIGADE, AND 2D DIVISION OF MILITIA.

On the Petition of Jona. H. Lovett & others, praying
for leave to raise a Company, of Light Infantry, in the
Town of Beverly.

Resolved, that his Excellency the Governor, with con-
sent of Council, is hereby authorized to raise a Company
of Light Infantry, in said Town of Beverly, being in the
third Regiment, first Brigade, & Second Division, of the
Militia of this Commonwealth, to be annexed to said third
Regiment, and Subject to such rules, and Regulations, as
are or may be provided by Law for the Gover[«]ment of
the Militia of this Commonwealth. February 9, 1801.

Chapter 87,

RESOLVE ON THE PETITION OF JOHN PHILLIPS, JUN. AND
OTHERS, AUTHORIZING THE GOVERNOR, WITH ADVICE OF
THE COUNCIL, TO RAISE A COMPANY OF LIGHT INFANTRY
IN THE 3D REGIMENT, 2D BRIGADE, AND 2D DIVISION OF
THE MILITIA.

On the petition, of John Phillips Junior and others,
praying for leave to raise a Company of Light Infantry,
in the third Regiment, Second Brigade, & Second Divi-
sion of the Militia.

Resolved, That his Excellency the Governor, with Advice
of Council, be & hereby is authorised to raise a Company
of Light Infantry, in the aforesaid third Regiment, second
Brigade, & Second Division of the Militia of this Common-
wealth, to be attached to the said third Regiment, and sub-
ject to all the rules & regulations that are or may be, by
Law provided for the Gover[n]ment of the Militia within
this Commonwealth. February 9, 1801.

Chapter 88.

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS
FOR THE COUNTY OF CUMBERLAND AND GRANTING A TAX.

Whereas the Treasurer of the County of Cumberland,
has laid his accounts before the General Court in manner
prescribed by Law, which accounts are hereby allowed :

Resolves, 1800. — January Session. 193

And Whereas the Clerk of the Court of General Sessions
of the Peace for the said County, has laid before the Gen-
eral Court, an estimate made by the said Court of General
Sessions of the Peace for the said County of Cumberland
of the necessary charges, likely to arise within the said
County for the present year, amounting to Two Thousand
five hundred Dollars :

Resolved that the said sum of Two Thousand five hun-
dred Dollars, be & hereby is granted as a Tax for the said
County of Cumberland, to be apportioned, assessed, col-
lected, & applied in manner as the Law directs.

February 9, 1801.

Chapter 89.

RESOLVE ON THE PETITION OF EBENEZER HEARD AND JOHN
SCATES, JUN.

On the petition of Ebenezer Heard and John Scates.

Resolved, for reasons set forth in said petition, that the
Treasurer of the Commonwealth Be and he is hereby
authorised and directed to deliver up to the said Heard
& Scates the note signed by Ebener. Heard & John
Scates Junr. dated June 5th 1795 for fifty pounds Lawfull
money given for the discharge of four Executions in fav [or]
of said Commonwealth against said Heard & Scates.

February 9, 1801.

Chapter 90.

RESOLVE ESTABLISHING THE PAY OF THE MEMBERS OF THE
GENERAL COURT, AND OF THE PRESIDENT OF THE SENATE
AND SPEAKER OF THE HOUSE.

Resolved that there be allowed & paid out of the Treas-
ury of this Commonwealth, to each member of the Coun-
cil, Senate, and House of Representatives, two Dollars $?
day, for each days attendance the present session, and the
like sum for every ten miles travel from their respective
places of abode, to the place of the sitting of the General
Court.

And it is further Resolved, that there be paid to the
President of the Senate, and Speaker of the House of
Representatives, each two dollars per day, for each and
every days attendance, over and above their pay as mem-
bers. February 9, 1801.

194 Resolves, 1800. — January Session.

Chapter 91.

RESOLVE ON THE PETITION OF SILAS HALL AND OTHERS,
AUTHORIZING THE COMMITTEE FOR THE SALE OF EASTERN
LANDS TO ALTER THE CONTRACT WITH SAID HALL AND
OTHERS.

On the petition of Silas Hall & others.

Resolved, That the committee for the Sale of Eastern
Lands, be & hereby are authorized & directed to alter the
contract made by them, in behalf of this Commonwealth,
with Silas Hall & others, for a tract of land adjoining the
Township of East-Andover, so that it shall only extend to
the sale of so much of the said tract as lies southerly of the
said Township of East-Andover. February 9, 1801.

Chapter 92.

RESOLVE ON THE PETITION OF JOHN CROSBY AND OTHERS,
SETTLERS IN HAMPDEN, ALLOWING THEM A FURTHER
TIME TO PAY MONEY DUE TO THE COMMONWEALTH.

On the petition of John Crosby, James Philbrook, John
Paul, Richard S. Blasdel, Joseph Wheeler, William Patten
and Andrew Grant, for an extention of Time to pay for
their Lands in the Town of Hampden.

Resolved, that for reasons sat forth in their Petition;
that one year from and after passing this resolve be allowed
to all those in the Town of Hampden who were to have had
their Lots for six Dollars and fifty cents, and two years to
those who were to have had their Lots for fifty Dollars, to
pay the money into the Treasurey of this Commonwealth,
the settlers paying the Interest upon, the respective sums
from the time the above said sums were apportioned upon
said Lots to the time of payment, mentioned in this resolve.

February 10, 1801.

Chapter 93.

RESOLVE ON THE PETITION OF SARAH BRUCE, DIRECTING THE
TREASURER TO ISSUE A NEW NOTE.

On the petition of Sarah Bruce of Grafton in the County
of Worcester, co-administrator with Joseph Bruce, on the
estate of Simon Bruce late of Grafton deceased, setting
forth that she in her capacity aforesaid, was in possession
of a state note, signed by the Treasurer of this Common-
wealth, for the sum of One hundred & thirty six Dollars

Kesolves, 1800. — January Session. 195

& fifty eight cents, dated Jany. 8, 1796 bearing interest
at 5 & Cent p annum from the first of July 1794, & that
four years & six months interest has been paid on said
note, & that the same note was lost some time in the
month of May 1799.

Resolved that the Treasurer of this Commonwealth be
& he is hereby directed to issue a new note to the said
Sarah Bruce for the amount of the note said to be lost &
for the interest due thereon the said Sarah first giving
bond, with sureties sufficient in the opinion of the Treas-
urer aforesaid to indemnify the Commonwealth against the
note said to be lost as aforesaid. February 10, 1801.

Chapter 94.

RESOLVE DISCHARGING DAVID SEWALL AND NATHANIEL
WELLS, ESQUIRES, A COMMITTEE FOR SELLING THE CON-
FISCATED UNIMPROVED LANDS OF SIR WILLIAM PEPPERELL,
OF THE SUM PAID INTO THE TREASURY.

Whereas it appears that the Account exhibited by David
Sewall & Nathaniel Wells Esqrs. appointed a Committee
by the Legislature, for selling the confiscated unimproved
Land, which formerly belonged to Sir William Pepperell,
now of London Baronet, amounting to two thousand &
twenty three Dollars & thirty four Cents are well vouched
& right cast : therefore

Resolved that the said Account be accepted & that the
said Committee be, & hereby are discharged of said Sum,
by them paid into the Treasury of this Commonwealth,
including the expence of said Committee for executing the
Buisiness aforesaid. February 11, 1801.

Chapter 95.

RESOLVE ON THE PETITION OF WILLIAM MAREAN, WILLIAM
NIGHTINGALE AND OTHERS, DIRECTING THE TREASURER
TO STAY HIS EXECUTIONS AGAINST THEM UNTIL JAN. 1,
1802 — WITH A PROVISO.

On the Petition of William Marean and others praying
for an Extention of the time of Payment of a demand
against them by the Commonwealth, on Execution.

Resolved that the Treasurer of this Commonwealth be
and he hereby is directed to stay his Executions against
William Marean, William Nightingale, Nathan Holden,
Joseph Clark, John Clark, John Clark junr. Isaac Clark

196 Kesolves, 1800. — January Session.

William Muzzy and Moses Clark untill the first day of
January 1802, provided they shall pay on or before the
first day of June next the Interest which at the time of
Payment shall be due on the Notes, for the recovery of
which Judgment has been rendered against them.

February 11, 1801.

Chapter 96.

RESOLVE FOR DISTRIBUTING THE LAWS OF THE UNITED STATES
THAT ARE NOW, OR SHALL HEREAFTER BE, DEPOSITED IN
THE SECRETARY'S OFFICE.

Resolved, That the Secretary of the Commonwealth be,
and he hereby is directed to cause the Laws of the United
States, now deposited in his Office, or that shall hereafter
be deposited, being the proportion belonging to this Com-
monwealth, agreeably to an Act of Congress, passed March
3d 1795, and the Act in addition thereto, passed on the
2d day of March 1799, to be distributed in the same man-
ner as directed by a Resolve of this Commonwealth, passed
the 31st day of January A D 1798.

February 12, 1801.

Chapter 97.

RESOLVE ON THE PETITION OF PEALPOLE COVEAGME.

On the petition of Pealpole Coveagme an Indian Man
praying that he may be authorised to sell and convey a
lot of land in a place called Readstown or No. three in
the county of Kennebec.

Resolved for reasons set forth in said petition that the
said Pealpole Coveagme be and he is hereby authorised to
sell and convey lot Number eleven in a place called No.
three or Readstown on sandy river in the county of Ken-
nebec, containing one hundred acres any law or resolve to
the contrarey notwithstanding. February 12, 1801.

Chapter 98.

RESOLVE DIRECTING THE SECRETARY TO CERTIFY TO THE
GOVERNOR AND COUNCIL A BALANCE DUE TO GEORGE
MELVILL.

On the petition of Thomas B. Melvill in behalf of him-
self & his mother Hannah Melvill praying for a ballance
due George Melvill late a sergt. in 5th Mass. Regimt.
Commanded by Col. Putnam.

Resolved, that the Secretary be directed to certefy to

Resolves, 1800. — January Session. 197

the Governour & Councill the ballance due on the Army
books to the said George and the Treasurer is hereby di-
rected on rec[e]iving the Governours warrant therefor to
Issue a New Loan Note payable to the Heirs of [of] the
said George Melvill for the sum of Twenty three dollars
& thirteen cents bearing Interest of 5 #> Cent from July 1st
1794 which places him in the same situation as other sol-
diers who have performed similar services.

February 14, 1801.

Chapter 99.

RESOLVE ON THE PETITION OF JOHN BEVERLY, GRANTING
HIM AN ADDITIONAL PENSION, AND AUTHORIZING THE
TREASURER OF THE TOWN OF ANDOVER TO RECEIVE THE
SAME TO BE DISPOSED OF BY THE OVERSEERS OF SAID
TOWN FOR HIS BENEFIT.

On the petition of John Beverly of Andover shewing
that he had lost both his feet in the service of his Coun-
try as a Soldier in the year 1760, and that the General
Court in the year 1763 granted him a pension of six
pounds annually ; That he is now advanced in years, ex-
tremely indegent, and unable to labour, and that from the
rise of the prices of the necessaries of life since his pen-
sion aforesaid was granted it had become insufficient for
his comfortable subsistence.

Resolved That his pension be encreased to forty dollars
a year, and that there be allowed and paid out of the
Treasury of this Commonwealth to the Treasurer of the
Town of Andover annually from this time during the life
of said John, and for his use, the sum of forty dollars, to
be disposed of by the Overseers of said Town for his
benefit. February 16, 1801.

Chapter 101.*

RESOLVE ON THE PETITION OF ASHER SPAULDIN AND OTHERS,
AUTHORIZING THE GOVERNOR AND COUNCIL TO RAISE A
COMPANY OF CAVALRY IN THE 2D BRIGADE, 8TH DIVISION
OF MILITIA.

On the petition, of Asher Spauldin & others, praying
for leave, to raise a Company of Horse, in the 2d Brigade
& 8th Division of Militia.

* Chapter 100, in session pamphlet, is a message from the Governor transmit-
ting a resolve of the Legislature of Maryland, and is to be found among the mes-

198 Resolves, 1800. — January Session.

Resolved, that his Excellency the Governor with advice
of Council, be Authorised to raise a Company of Cavalry,
within the limits of the Brigade aforesaid, to be annexed
to the Squadron of Cavalry, in said second Brigade, to be
Subject to all the rules and Regulations of the Militia of
this Commonwealth. February 17, 1801.

Chapter 102.

RESOLVE REQUESTING THE GOVERNOR, WITH THE ADVICE
OF THE COUNCIL, TO DIRECT THE DISPOSAL OF THE USE-
LESS PROPERTY STATED IN THE REPRESENTATION OF THE
QUARTER MASTER GENERAL, ETC.

Resolved, That his Excellency the Governor, with ad-
vice of Counsil be and he is hereby requested to direct,
that the useless public property stated in the representa-
tion of the Quarter Master General be sold or otherwise
disposed of, and that the Cannon and other articles, ex-
posed to injury, be removed and secured in such manner
as he with advice of Counsil may think most for the In-
terest of the Commonwealth. February 17, 1801.

Chapter 103.

RESOLVE AUTHORIZING THE TREASURER TO RECEIVE OF
ELIHU DWIGHT, PARK HOLLAND, AND JONATHAN MAYNARD,
THE SUM OF 1599 DOLLS. 85 CENTS, FOR A NOTE GIVEN IN
1795.

Resolved that the Treasurer of this Commonwealth be
and he is hereby Authorized to receive of Elihu Dwight,
Park Holland & Jonathan Maynard, the sum of fifteen
hundred ninety nine dollars & eighty five Cents, as satis-
faction in full for a Note given by them dated 2d Mar.
1795 for the sum of two thousand one hundred & nine
dollars eighty four cents (Judgment of Court being had
thereon) said Note being liquidated and reduced Agreea-
bly to Resolve of 10th June 1799 — And on receipt
thereof to discharge the Judgment of Court recovered on
the Note aforesaid. February 17, 1801.

Chapter 104.

RESOLVE ON THE MEMORIAL OF THE JUDGE OF PROBATE FOR
THE COUNTY OF WORCESTER, DIRECTING HIM TO HOLD A
COURT OF PROBATE IN THE WEST PARISH OF BROOKFIELD.

On the memorial of the Judge of Probate for the
County of Worcester, shewing that the holding a Pro-

Resolves, 1800. — January Session. 199

bate Court in the West parish in Brookfield, on the
fourth tuesday of April is attended with inconvenience to
the Public, and that holding a Court, on the second tues-
day in April in future, will be more convenient.

Resolved that a Probate Court shall hereafter be holden,
in the West Parish of Brookfield in the County of Worces-
ter, on the second tuesday in April, instead of the fourth
tuesday in April. February 17, 1801.

Chapter 105.

RESOLVE ON THE PETITION OF ABEL CUTLER, DIRECTING
THE COMMITTEE FOR THE SALE OF EASTERN LANDS TO
EXECUTE DEEDS OF THE LAND MENTIONED.

On the petition of Abel Cutler, of East Sudbury, in the
county of Middlesex.

Resolved, for the reasons set forth in the said petition,
that the prayer thereof be, so far, granted, that the com-
mittee for the sale of Eastern lands be and they hereby
are directed to make and execute deeds to the said Cutler
& John Peck, named in the said petition, of the township,
number five, in the third range, lying in the Distri[c]t of
Maine, westerly, of Bingham's purchase and easterly, of
the line of New-Hampshire, in such proportions as they
the said Cutler and Peck have, respectively, become inter-
ested in a contract for the purchase of the said township,
made with the committee aforesaid, by one Ashbel Stan-
ley, bearing date, the first day of January A. D. 1795 ;
the said deed to contain all the reservations, and appro-
priations and enjoin all the settlement duties made and
required by the said contract; saving this, that the said
Cutler and Peck shall have day, for the term of four years,
from the first day of April next, to perform the settlement
duties, in the said contract mentioned ; provided they the
said Cutler and Peck, on or before, the first day of April
next, cancel and deliver up the said contract to the said
committee and pay them, for the use of this Common-
wealth, the balance, which shall be found to remain un-
paid, of the principal and interest of the sum, which the
said Stanley, by the contract aforesaid, had agreed to pay
for the township aforesaid. February 17, 1801.

200 Resolves, 1800. — January Session.

Chapter 106.

RESOLVE ON THE PETITION OF JOANNA GERRISH, GRANTING
HER AN ALLOWANCE AND ANNUAL GRANT.

On the Petition of Joanna Gerrish praying that com-
pensation may be made to her for her right of dower in
the estate of her late husband Timothy Gerrish, deceased,
which was taken from him by Execution in favour of the
Executors of Sir William Pepperrell Baronet, deceased,
and Afterwards confiscated to the Government, & sold by
a Committee of this Commonwealth, she never having re-
linquished her Dower therein.

Resolved, for reasons set forth in said Petition, that there
be paid out of the treasury of this Commonwealth, to the
said Joanna Gerrish the sum of five hundred & fifty dol-
lars, and a further sum of twenty five dollars annually,
dureing her Natural Life. Provided she the said Joanna,
shall relinquish to the Commonwealth her right of Dower
in said Estate. And that his Excellency the Governor be
and hereby is requested, on the said Joanna's complying
with said Condition, to Issue his Warrants on the Treas-
ury from time, to time accordingly.

February 17, 1801.

Chapter 107.

RESOLVE ON THE PETITION OF NATHAN PATCH.

On the petition of Nathan Patch praying that he may
be discharged from two executions issued on a Judgment
against him on Scire Facias for his recognezance for the
appea[ra]nce of Barnabas Sibley & Ezra Coller, who were
indicted at March term at the Court of General Sessions
of the peace in the County of Worcester seventeen hun-
dred & ninety nine.

Resolved for reasons set forth in said petition, that the
said Nathan Patch shall be discharged from both executions
issued against him on Scire Facias as bail for Barnabas
Sibley & Ezra Coller on paying ten dollars, which appears
to be the amount due to discharge both the fines imposed
on the said Sibley & Coller the costs haveing been paid.

February 17, 1801.

Resolves, 1800. — January Session. 201

Chapter 108.

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS
FOR THE COUNTY OF HAMPSHIRE AND GRANTING A TAX.

Whereas the Treasurer of the County of Hampshire, has
laid his accounts before the General Court, in manner pre-
scribed by Law, which accounts are hereby allowed : And
Whereas the Clerk of the Court of General Sessions of the
Peace for the said County, has laid before the General
Court an estimate made by the said Court of General
Sessions of the Peace for the said County of the debts due
from, and of the necessary charges likely to arise within
the said County the present year, amounting to Six Thou-
sand Dollars :

Resolved that the sum of Six thousand Dollars be and
hereby is granted as a Tax for said County of Hampshire,
to be apportioned, assessed, collected, and applied in man-
ner as the Law directs. February 17, 1801.

Chapter 109.

RESOLVE AUTHORIZING THE COMMITTEE ON ACCOUNTS TO
EXAMINE THE ACCOUNTS OF GAOLERS FOR THE SUPPORT
OF ANY STATE PRISONERS CONVICTED AND SENTENCED TO
HARD LABOUR.

Resolved, That the Committee of both Houses appointed
to examine and pass on public accounts for the time being,
be and they hereby are authorized to examine the accounts
of the several Goalers for the support of any State prison-
ers who have been convicted & sentenced to hard labor
since the first day of February, in the year, one thousand,
seven hundred and ninety nine, or may be hereafter con-
victed & sentenced as aforesaid, until the further order of
the General Court ; and to allow all or any part of said
accounts as they may judge reasonable.

February 20, 1801.

Chapter 110.

RESOLVE ALLOWING THE ACCOUNTS OF THE TREASURER OF
THE COUNTY OF SUFFOLK AND GRANTING A TAX.

Whereas the Treasurer of the County of Suffolk, has
laid his accounts before the General Court, in manner pre-
scribed by Law, which accounts are hereby allowed ; And

202 Resolves, 1800. — January Session.

Whereas the Clerk of the Court of General Sessions of the
Peace for said County has laid before the General Court,
an estimate, made by the said Court of General Sessions
of the Peace for the said County of Suffolk, of the debts
due from, & of the necessary charges likely to arise within
said County, for the present year, amounting to Ten thou-
sand Dollars :

Resolved that the sum of Ten thousand Dollars, be and
hereby is granted as a tax for the said County of Suffolk
to be apportioned, assessed, collected & applied in man-
ner as the Law directs. February 20, 1801.

Chapter 111.

RESOLVE ON THE PETITION OF SAMUEL DAVIS, DIRECTING
THE TREASURER TO ISSUE A NEW NOTE IN LIEU OF ONE
SAID TO BE LOST.

On the Petition of Samuel Davis.

Resolved that the Treasurer of this Commonwealth, be
and he hereby is directed to Issue to Samuel Davis a Note
for four hundred twenty five dollars ninety six cents bear-
ing Interest from July 1, 1794 at five <#> Cent and to en-
dorse thereon one years Interest paid — in lieu of a Note
for the same amount and tenor, said to be lost, provided
the said Samuel shall give bond to the satisfaction of the
Treasurer, condition'd to save the Commonwealth from
all demand for or on Account of the Note said to be lost
as aforesaid. February 20, 1801.

Chapter 112.

RESOLVE ON THE PETITION OF STEPHEN JONES, ESQ, AUTHOR-
IZING THE COURT OF GENERAL SESSIONS OF THE PEACE
FOR THE COUNTY OF WASHINGTON, TO MAKE HIM COM-
PENSATION FOR HIS SERVICES AS A JUDGE OF PROBATE,
IN ADDITION TO HIS FEES, NOT TO EXCEED ONE HUNDRED
DOLLARS PER ANNUM.

On the Petition of Stephen Jones Esqr. Judge of Pro-
bate for the County of Washington, praying, that the Court
of Genl. Sessions of the Peace for said County, may be
empowered to make him an annual allowance for his ser-
vices as Judge of Probate, not exceeding one hundred
Dolls, pr. annum.

Resolved, for reasons set forth in said Petition, That the
Court of Genl. Sessions of the peace for said County of
Washington, be & they hereby are authorised & empowed

Resolves, 1800. — January Session. 203

to grant said Stephen Jones, such compensation for his
services, as they may consider equitable & just, in addi-
tion to the fees that are, or may be established by Law;
to be paid out of the Treasury of said County — Provided
said Compensation or allowance, shall not exceed one hun-
dred Dolls, pr annum. February 21, 1801.

Chapter 113.

RESOLVE REQUESTING THE GOVERNOR TO PROVIDE FOR THE
FURTHER SUPPORT AND EDUCATION OF LEVI KONKAPOT
FOR THREE YEARS.

Whereas the time allowed for the education of Levi
Konkapot, a son of John Konkapot, late one of the
Ousatonuck, or Stockbridge tribe of Indians, (so called)
in a Resolve passed the 23d of January 1798, is expired,
and it appearing to this Court, that the reasons for under-
taking the education of the said Levi Konkapot, still oper-
ate, to give him a more finished course of learning, than
was provided for by the aforesaid Resolve, that he may be
the more extensively useful among his tribe and Nation :

Resolved that his Excellency the Governor be requested,
further to provide for the support and education of the
said Levi Konkapot, for three years from this date, in
the manner prescribed in the Resolve passed the 23d of
January 1798. February 23, 1801.

Chapter 114.

RESOLVE ABATING FINES TO TOWNS FOR NOT SENDING REP-
RESENTATIVES.

Whereas the towns hereafter mentioned, were fined in
the several sums, annexed to their respective names, for
not sending a Representative to the General Court, the
last year, that is to say,

Hamilton, forty nine Dollars twenty three Cents ; Hol-
liston, Sixty four Dollars ; Lincoln, Forty five Dollars
& forty four cents; East Sudbury, Fifty five Dollars &
fifty cents; Williamsburgh, Forty one Dollars & seventy
one cents ; New Salem, Sixty six Dollars & sixty one
cents ; Chesterfield, Fifty five Dollars & sixty one cents ;
Southampton, Forty five Dollars & fifty five cents ; Chester,
Forty four Dollars & sixteen cents ; Cumington & Plain-
field, Fifty eight Dollars & eleven cents ; Plympton, Forty
four Dollars & nineteen cents ; Pembroke, One hundred

204 Resolves, 1800. — January Session.

& two Dollars & thirty seven cents ; Kingston, Fifty seven
Dollars & seventy five cents ; Hanover, Fifty two Dollars
& eleven cents ; Carver, Forty Dollars & forty four cents ;
Mansfield, Forty six Dollars & fifty cents; Edgartown,
Forty two Dollars & twenty one cents ; Sandford & Alfred,
Sixty Dollars ; Leicester, Sixty nine Dollars & twenty five
cents ; Hubbardston, Forty nine Dollars & seventy seven
cents ; New Braintree, Fifty eight Dollars & seventy
two cents ; Southborough, Forty eight Dollars & seventy
seven cents ; Northborough, Forty three Dollars &
thirty eight cents; Western, Fifty eight Dollars & ninety
seven cents ; Leominster, Sixty seven Dollars & eighty
cents ; Holden, Sixty three Dollars & sixty one cents ;
Royalston, Forty nine Dollars ; Templeton, Fifty seven
Dollars & ninety four cents ; Princeton, Eighty five Dol-
lars & fifty three cents ; Winchendon, Fifty three Dollars
& twenty seven cents ; Sterling, Eighty eight Dollars &
sixty nine cents ; Cape Elizabeth, Fifty five Dollars &
seventy seven cents ; Windham, Forty seven Dollars
& eleven cents ; Freeport, Seventy Dollars & fifty seven
cents ; New Castle, Thirty seven Dollars & fifty two cents ;
West Stockbridge, Forty four Dollars & five cents ; Brain-
tree, Seventy one Dollars & eighty nine cents ; Sharon,
Forty seven Dollars & forty four cents ; Wrentham, One
hundred & six Dollars & ninety seven cents ; Bellingham,
Forty Dollars & sixty six cents ; Randolph, Sixty five Dol-
lars & thirty three cents ; Canton, Fifty seven Dollars &
seventy six cents ; South Brimfield & Holland, Fifty Dol-
lars & forty four cents; Stoughton, Forty two Dollars &
thirty seven cents ; Woburn, Sixty seven Dollars & twenty
cents ; Lebanon, Forty two Dollars & sixty six cents ;
Montague, Forty five Dollars & sixteen cents ; Ashby,
Forty two Dollars & sixty three cents :

Resolved for reasons set forth, by representations from
the aforesaid towns respectively, that the said fines be
remitted, and the towns aforesaid, are hereby respectively
discharged from paying the same, any Resolve or Order
to the contrary notwithstanding. February 24, 1801.

Chapter 115.

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS FOR
THE COUNTY OF LINCOLN AND GRANTING A TAX.

Whereas the Treasurer of the County of Lincoln has laid
his Accounts before the General Court in manner prescribed

Resolves, 1800. — January Session. 205

by law, which Accounts are hereby allowed. And whereas
the Clerk of the Court of General Sessions of the Peace for
said County of Lincoln has laid before the General Court,
an estimate, made by said Court of General Sessions of
the Peace, of the necessary charges likely to arise within
said County, and of monies necessary for discharging the
debts of said County, for the year ensuing, amounting in
the whole to the sum of eight thousand six hundred and
twenty eight Dollars and ninety cents :

Resolved that the sum of eight thousand six hundred and
twenty eight Dollars and ninety cents be and the same
hereby is granted as a tax for said County of Lincoln, to
be apportioned, assessed, collected, and applied in man-
ner agreeable to law, and the purposes aforementioned.

February 25, 1801.

Chapter 116.

RESOLVE ON THE PETITION OF MAJOR GENERAL SIMON ELLIOT,
AUTHORIZING THE GOVERNOR TO FORM THE CAVALRY IN
THE 1ST AND 2D BRIGADES, IN THE 1ST DIVISION OF MILITIA,
INTO TWO SQUADRONS.

On the Petition of Majr. Genl. Simon Elliot.

Resolved That his Excellency the Governor with advice
of Councel, be & he is hereby authorised to form the Cav-
alry, in the first & second Brigades, in the first Division
of Militia of this Commonwealth into two Squadrons, one
in each of the said Brigades, & when so formed, Each
Squadron to be Commanded by a Major.

February 25, 1801.

Chapter 117.

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN
OF BANGOR, DIRECTING THE TREASURER TO STAY EXECU-
TION AGAINST THE TOWN.

On the Petition of the Selectmen of the Town of Bangor
praying for the Abatement of Tax Number Six and Seven.

Resolved that the prayer of the Petition be so far granted
that the Treasurer of this Commonwealth be and hereby
is directed to Stay Execution against the Said Town of
Bangor for said Taxes for the term of one year from the
date hereof. February 25, 1801.

206 Kesolves, 1800. — January Session.

Chapter 118.

RESOLVE ON THE PETITION OF EBENEZER WRIGHT.

On the petition of Ebenezer Wright, praying that the
Treasurer of this Commonwealth may be impowered to
issue a new State Note, to replace one supposed to have
been destroyed.

Resolved, for reasons set forth in the petition, that the
Treasurer of this Commonwealth be impowered, & he is
hereby impowered and directed to issue to the sd. Ebenezer
Wright in his sd. capacity of Executor a new note equiva-
lent to that which is supposed to have been destroyed or
lost; The sd. Treasurer first taking good & sufficient
bonds of the said Wright to refund to the Treasury
all the monies due on the note supposed to have been
destroyed, if the same shall hereafter appear.

February 25, 1801.

Chapter 119.

RESOLVE ON PETITION OF OLIVER PRESCOTT AND ISAAC
FARNSWORTH.

On the petition of Oliver Prescott and Isaac Farns-
worth, surviving executors of the last will and testament
of Josiah Sartell Esqr. deceased, and John Conant, and
Daniel Conant, sons of John Conant, late of Townshend
in the County of Middlesex miller deed, praying that the
said Oliver and Isaac may be authorized to release and
convey to the said John the younger, and Daniel, certain
lands, in said Townshend formerly the estate of said John
Conant deed, and by him conveyed to the said John the
younger and Daniel, and which has been taken in Execu-
tion, upon the Judgment herein after mentioned, by said
Oliver and Isaac in their said capacity, to satisfy a de-
mand of said Josiahs against said John deceased, and
more than one year has elapsed, since said Execution, was
extended.

Resolved, for reasons set forth in said petition, that said
Oliver and Isaac be, and they are hereby empowered, to
release and convey to the said John the younger, and
Daniel, all the estate in said Townshend by them taken in
execution as aforesaid, provided the said John the younger
and Daniel, shall pay to the said Oliver and Isaac, to the

Resolves, 1800. — January Session. 207

use of the estate of the said Josiah, the full amount of the
Judgment recovered by said Oliver and Isaac in their said
capacity, against said John Conant deed, at the Supreme
Judicial Court, holden at Cambridge in and for said
County, on the last Tuesday of October in the year of
our Lord One thousand seven hundred and ninety seven,
for the sum of three hundred and thirty two dollars and
seventeen cents damages, and forty eight dollars and
forty seven cents, costs of suit, together with all other
costs and fees of levying said Execution, together with
the interest of said sums. February 25, 1801.

Chapter 120.

RESOLVE ON THE PETITION OF WILLIAM PHILLIPS, JUNIOR,
EXTENDING THE TIME FOR THE SETTLING DUTY ON TOWN-
SHIP NO. 3.

On the Petition of William Philips Junior praying that
the time Allowed for performing the Setling duty on
Township Number Three laying between Androscogin &
Kenebeck Rivers and also on Township Number one in
the first range Laying between the State of New hamp-
shire and Kenebeck River may be extended further.

Resolved for reasons set forth in the Petition that the
time for performing the Setling duty which was to be
performed on or before the first day of May in the Year
Eighteen Hundred and three shall be extended to the
first day of May in the year Eighteen Hundred and five
any Resolve or Contract to the Contrary notwithstanding.

February 25, 1801.

Chapter 121.

RESOLVE ON THE PETITION OF JOHN SWEET, JUN. GRANTING
HIM 150 DOLLARS.

On the petition of John Sweet jun , praying for com-
pensation for a wound he received, while performing mil-
itary duty.

Resolved that the sum of One hundred & fifty Dollars
be allowed & paid out of the public Treasury to the said
Sweet, in full for the losses & expences incurred in conse-
quence of said wound, and his Excellency the Governor
with advice of Council is requested to draw a warrant on
the Treasurer accordingly. February 25, 1801.

208 Resolves, 1800. — January Session.

Chapter 122.

RESOLVE ON THE PETITION OF JACOB FISHER, AUTHORIZING
THE GOVERNOR WITH THE ADVICE OF COUNCIL, TO RAISE
A COMPANY OF ARTILLERY IN 2D BRIGADE, 7TH DIVISION
OF THE MILITIA OF THIS COMMONWEALTH.

On the Petition of Jacob Fisher & others praying that
a Company of Artilery may be raised in the Second Bri-
gade, seventh Division of Militia in this Commonwealth.

Resolved, that his Excellency the Governor, with the
consent of the Council be authorised and impowered to
raise a Company of Artilery in said Brigade, and within
the first Regiment, subject to such rules and regulations
as are, or may be provided by law. February 26, 1801.

Chapter 123.

RESOLVE ON THE PETITION OF JONATHAN HASTINGS, AU-
THORIZING THE TREASURER TO DEDUCT THE VALUE OF
LAND DEFICIENT IN TOWNSHIP NO. 3 FROM PURCHASE PRICE.

On the petition of Jonathan Hastings setting forth that
there is a deficiency of nineteen hundred and twenty acres
of land in Township Number three of the seventh range
above Waldo's patent of which he has become the pur-
chaser, and praying indemnity for said deficiency.

Resolved that the Treasurer of this Commonwealth be,
and he hereby is, authorized and directed to deduct from the
Notes in his possession which were given for said Town-
ship the sum which the said nineteen hundred and twenty
acres amounts to, estimating the same at the price given
therefor, and allowing interest on the money which has
been paid or contracted to be paid, on account of said
nineteen hundred and twenty acres. February 26, 1801.

Chapter 124.

RESOLVE ON THE PETITION OF HANNAH RICE AND ABRAHAM
MILLIKEN, EMPOWERING THE SAID HANNAH TO EXECUTE
A DEED OF THE LAND MENTIONED.

On the Petition of Hannah Rice, & Abraham Milliken
of Scarborough, in the County of Cumberland, praying
that sd. Hannah may be impowered to Convey a tract, or
parcel of land lying in sd. Scarborough, Containing two
Acres & thirty one rods, lying on the Southerly Side of

Resolves, 1800. — January Session. 209

the road leading to Dunston Meeting House, & is a part
of the first tract of land mentioned in a Mortgage deed
Given by Benjamin Milliken to Nathel. Weelright Jany.
1763.

Resolved — that the sd. Hannah, in the Capassity of
Administratrix, on the Estate of Matthias Rice late of
Scarborough Aforesaid Deceased, be, & Hereby is fully
Authorized & impowered, to Execute to sd. Abraham
Milliken a good & Lawful deed of the land Aforesaid,
any deficiency in a bond given by Matthias Rice, in his
life time notwithstan[t] [d!]ing. February 27, 1801.

Chapter 125.

RESOLVE ON THE PETITION OF BENJAMIN THOMSON, JUN.
DISCHARGING HIM FROM THE JUDGMENT MENTIONED AND
GRANTING HIM 40 DOLLARS 75 CENTS.

On the Petition of Benja. Thomson Junr. praying to be
discharged from the Judgment mentioned in [in] his Peti-
tion and the Money he has paid on the Execution that has
issued on Said Judgment may be refunded to him.

Resolved that the Prayer of Said Petition be granted
and that the said Benjamin Thomson Jnr. be wholey dis-
charged from the Judgment mentioned in said Petition
and that the Sum Collected on said Execution be refunded
to him and that there be paid out of the Treasu[re]ry of
this Commonwealth to the said Benjamin Thompson Junr.
the sum of Forty Dollars and Seventy five Cents being
the Sum collected on said Execution.

February 28, 1801.

Chapter 126.

RESOLVE GRANTING THE JUDGES OF THE SUPREME JUDICIAL
COURT 500 DOLLARS EACH IN ADDITION TO THEIR PRESENT
SALARIES.

Resolved that for the current year, commencing on the
First day of January Last, there shall be allowed to each
of the Justices of the Supreme Judicial court, at the Rate
of Five Hundred Dollars, in addition to his present Sal-
ary, as by Law established and payable therewith.

February 28, 1801.

210 Resolves, 1800. — January Session.

Chapter 127.

RESOLVE MAKING AN ALLOWANCE TO THE ATTORNEY GEN-
ERAL.

On the memorial of the Attorney General praying for
an additional grant to his Salary from June 22d 1799 to
March 1st 1801, also an allowance for attending to the
suit against Michael Helligas.

Resolved that there be allowed & paid out of the Public
Treasury to James Sullivan Esq. Attorney General, Five
hundred & six dollars & twenty five Cents (being at the
rate of three hundred Dollars $> annum) — also the further
sum of Two hundred dollars & sixty one Cents being an
allowance, one <g> Centum, on twenty thousand & sixty
one Dollars fifty two Cents, recovered from the Estate of
Michael Hillegas Esqr., in behalf of this Commonwealth,
(being appointed their special agent therefor) — the Sum
of seventy eight dollars & fifty four Cents, due from the
said Attorney Genl. to be first deducted therefrom —
which with his usual salary will be in full for his ser-
vices, from the 22d of June 1799 to the 1st of March
next. March 5, 1S01.

ADDRESS OF THE LEGISLATURE TO THE PRESIDENT OF THE
UNITED STATES, ON HIS RETIRING FROM OFFICE.*

The Committee of both Houses appointed to prepare
and report an address to the President of the United
States — Report the following — Which is submitted.

SAML. PHILLIPS $> order.

To John Adams, Esqr.

At the moment, Sir, that you are descending from the
exalted station of the first Magistrate of the American
Nation, to mingle with the mass of your fellow Citizens,
The Senate and House of Representatives of the Common-
wealth of Massachusetts, your native State, embrace the
occasion, to pour forth the free will offering of their sin-
cere thanks, for the many important and arduous services
you have rendered your Country. In the performance
of this act the Legislature have but one heart, and that
vibrates with affection, respect, and gratitude for your
virtues, talents and patriotism.

* Not printed in previous editions.

Resolves, 1800. — January Session. 211

We conceive it unnecessary to detail the character of
him, whose life, from earliest manhood, has been emi-
nently devoted to the public good.

This will be the delightful employment of the faithful
and able historian. Our posterity will critically compare
the illustrious characters, which have elevated the condi-
tion of man, and dignified civil society through the various
ages of the World, and will with grateful effusions and
conscious pride point to that of their beloved Country-
man.

The period of the administration of our general Gov-
ernment, under the auspices of Washington and Adams,
will be considered as among the happiest eras of time.
The example of their integrity possesses a moral and
political value, which no calculation can reach, and will
be justly estimated, as a standard for future Presidents
of the United States.

We receive you, Sir, with open arms, esteem, and ven-
eration ; — confidently hoping that you will possess undis-
turbed those blessings of domestic retirement, which great
minds always appreciate and enjoy with dignity.

We devoutly supplicate THE FATHER OF THE
UNIVERSE, that you may realize, while you continue
on Earth, all the happiness, of which human nature is
susceptible ; and, when your course shall be finished here,
that your spirit may receive the transcendent rewards of
the just. March 3, 1801.

Chapter 128.

RESOLVE ON THE PETITION OF GREENLEAF RAND, AUTHOR-
IZING SARAH REA, TO EXECUTE A DEED OF THE LAND
MENTIONED.

On the Petition of Greenleaf Rand, of Windham in the
County of Cumberland Joiner, praying that, Sarah Rea
Administratrix on the Estate of Caleb Rea late of said
Windham physician Deceased, may be empowered to exe-
cute a Deed to the Petitioner of a certain hundred acre lot
of land, numbered one hundred & thirteen, in the second
Division of hundred acre lots in said Windham.

Resolved, That the said Sarah Rea, in the capacity of
Administratrix, on the Estate of said Caleb Rea, be &
hereby is fully authorised, & impowcred to execute to said
Greenleaf Rand, a good and lawful Deed of the land afore-
said. March 4, 1801.

212 Resolves, 1800. — January Session.

Chapter 129.

RESOLVE ON THE PETITION OF THE PASSAMAQUODDY TRIBE
OF INDIANS, APPROPRIATING TO THEIR USE THE REMAINDER
OF ONE HUNDRED ACRES OF LAND, UNTIL FURTHER ORDER.

On the Petition of the Passamaquoddy Tribe of Indians.

Resolved for reasons set forth in said Petition, that a
Tract of land situated in Passamaquoddy-bay, in the County
of Washington, called Pleasant point, containing Ninety
acres, the property of this Common wealth, be and hereby
is appropriated to the use and improvement of the said
Tribe of Indians, till the further order of the Legislature,
it being the remainder of one hundred acres of land, pur-
chased by this Common wealth of John Frost, in the year
one thousand seven hundred and ninety four.

March 4, 1801.

Chapter 130.

RESOLVE ON THE PETITION OF THE PROPRIETORS OF TOWN-
SHIP NO. 1, ON THE SOUTHERLY SIDE OF ANDROSCOGGIN
RIVER, GRANTING THEM ONE THOUSAND ACRES OF LAND,
TO BE LAID OUT UNDER THE DIRECTION OF THE COMMIT-
TEE FOR THE SALE OF EASTERN LANDS.

Whereas the Proprietors of Township No. 1 Southerly
Side of [of] Androscoging River in the County of Cum-
berland have represented that they purchased said Town-
ship of the Committe for the sale of Eastern Lands the 10th
Day of June 1796 as survey'd by Samuel Titcomb in Novr.
1787 and that one of the Lines run by said Titcomb in-
cludes a part of the Town of Jay which was granted prior
to the Sale of said Township No. 1 and have Petitioned the
Legislature that the Comonwealth would commence an Ac-
tion against the Proprietors of said Jay to recover that part
of sd. Township No. 1 which is included within the Lines
of Jay, or to impower sd. Proprietors to bring said Action,
or to compensate them therefor. And Whereas it does
not appear that the sd. Town of Jay has more Land within
it's present Lines, than was commonly allowd. to Towns
laid out at the Time said Jay was laid out, and that altho
the Line of Jay which has lately been exactly measured,
appears to be longer than was allowd. by the confirmation
of said grant owing perhaps to the different allowance made
by different Chainmen in passing the Mountains over which

Resolves, 1800. — January Session. 213

scl. Lines are (!>}r all Parties) allowd. to run, the overplus
Land if any would not be an object worth contending for
by this Comon wealth — and it appearing that the sd. Town-
ship No. 1 does not contain so much Land by about 800
Acres as was included in said Titcombs Survey owing to
one of said Titcombs Lines riming more than 100 Rods
on sd. Town of Jay : Therefore

Resolved that there be & hereby is granted to the Pro-
prietors of Township No. 1 on the Southerly Side of
Andros-cog-ing River in the County of Cumberland, one
thousand Acres of the unappropriated Lands in the dis-
trict of Maine belonging to this Commonwealth, said Land
to be laid out under the direction of the Committee for the
Sale of Eastern Lands, and is in full for any & all deficien-
cies of Lands in said Township No. 1 & all expences sd.
Proprietors have been at for any Surveys respecting sd.
Business. March 4, 1801.

Chapter 131.

RESOLVE ON THE PETITION OF JOB EASTMAN AND OTHERS,
GRANTING TO THE TOWN OF NORWAY 600 ACRES OF LAND
FOR THE SUPPORT OF THE MINISTRY AND SCHOOLS, TO BE
LAID OUT UNDER THE DIRECTION OF THE COMMITTEE FOR
THE SALE OF EASTERN LANDS.

On the Petition of Job Eastman and others a Committee
of the Town of Norway praying for a grant of Land for the
support of the Ministry and Schools in sd. Town.

Resolved that there be & hereby is granted to the Town
of Norway in the County of Cumberland Six-Hundred
Acres of the unappropriated Land of this Comonwealth
in the District of Maine to be laid out under the direction
of the Comittee for the Sale of Eastern Lands, one third
part thereof for the use of the first congregational Minister
setled in sd. Town, one third part thereof for the use of
the Ministry & the residue for the use of Schools in sd.
Town. March 4, 1801.

Chapter 132.

RESOLVE ON THE PETITIONS OF RICHARD ELLINGWOOD AND
DANIEL LIVERMORE.

On the Petitions of Richard Ellingwood and Daniel
Livermore (in the right of James Boyd) praying to have
the deficiency of their respective Lots made up to them.

214 Resolves, 1800. — January Session.

Resolved, that the Committee for the Sale of Eastern
Lands be and they are hereby directed, to appoint a Sur-
veyor to run out, and set oft* by meets & Bounds to the
said Richd. Ellingwood forty five Acres of Land within
the Town of Hampden of the unappropriated Lands therein
instead of the forty five Acres Lying without the Town of
Hampden as run out by Ephraim Ballard — and said Com-
mittee upon receiving a return from such Surveyor are
hereby Authorized to give said Ellingwood a title to his
hundred Acres, and they are Likewise Authorised to give
to the said Daniel Livermore a title to his Lot as run out
by Ephraim Ballard & Eliashib Delano, they respectively
paying the sum required from Settlers by the Resolve of
March 26th 1788, with interest on that sum from the first
day of June 1789. March 5, 1801.

Chapter 133.

RESOLVE ESTABLISHING THE PAY OF THE CLERKS IN THE
SECRETARY'S AND TREASURER'S OFFICES.

Resolved that ye following Sums be allowed & paid out
of the Treasury to the Several Clerks in the Treasurer's
& Secretary's Offices to wit — To Joseph Laughton two
Dollars & seventy five cents pr. day To William Harris
two dollars & seventy five cents per day To Edward
McLane two dollars & fifty cents per day To James Fos-
ter two dollars fifty cents per day To Edwd. Cazneau two
dollars twenty five cents per day during the time they have
been or may be actually employed in sd. Service for twelve
months from the twenty Seventh Day of September, 1800.

March 5, 1801.

Chapter 134.

RESOLVE APPOINTING AGENTS TO REPAIR TO NORTHAMPTON
AND SOUTH HADLEY FALLS TO INQUIRE INTO CAUSE OF
SICKNESS, &c.

On the petitions of the Inhabitants of Northampton &
Easthampton, & also of the proprietors of Locks and
Canals on Connecticutt River.

Resolved for reasons set forth in sd. petitions, that the
Hon. Benjamin Goodhue, the Honble. Elijah Brigham &
Simon Earned Esqr. be and they hereby are appointed
agents to repair to Northampton, & also to South-Hadley
falls, at the expense of this Government, as soon as may
be convenient ; & it shall be their duty to enquire into the

Resolves, 1800. — January Session. 215

causes of Sickness complained of there, & also to enquire
into the situation of the proprietors of sd. Locks & Canals,
& the state of their works ; & the sd. agents are hereby au-
thorised & required to enquire into the state of the fisheries
on sd. River, from the head of sd. dam to the lower guard
Lock, at Willimanset falls, so called, & to notify all per-
sons concerned therein, by publications in each of the
News Papers, printed at Springfield, Northampton &
Greenfield, three weeks before their meeting as aforesd.,
to appear before them, & to shew cause, why the sd.
Fisheries, or any part thereof should not be regulated,
or disposed of by the Government — & the sd. Agents
are required to make report of a State of facts thereupon,
within the first week of the first Session of the next Gen-
eral Court — And the sd. Agents shall have charge of all
papers relative to the aforesd. subjects.

1 March 5, 1801.

Chapter 135.

RESOLVE ALLOWING THE ACCOUNT OF THE TREASURER OF
THIS COMMONWEALTH FOR REPAIRS ON THE PROVINCE
HOUSE, AND GRANTING HIM 500 DOLLARS TO COMPLETE
THE SAME.

Whereas the Treasurer of this Comonwealth has laid
his Account of expenditures of Monies, before the general
Court for alterations and repairs on the Province House
and out Houses made pursuant to a Resolve of 12 June
1800 amounting to $1362.05 which upon examination
appear to be well vouchd. & right-Cast : Therefore

resolved that the sd. Account be and hereby is accepted
& allowd. and the sd. Treasurer is hereby discharged of
the Sum of $1362.05 leaving a ballance of $137.95 on a
Warrant drawn on the Treasury for $1500 Dated June
12th 1800.

Be it further Resolved that there be & hereby is granted
a further Sum not exceeding five hundred dollars to be
paid out of the Treasury of this Comonwealth to Peleg
Coffin Esqr. Treasurer which with the Ballance aforesd.
is to enable him to finish & compleat the alterations and
repairs necessary on the Province House and appendages,
agreeably to Resolve of 12th of June aforesd., the sd.
Treasurer to lay his Accounts before the Legislature for
examination as soon as the repairs shall be compleated.

March 5, 1801.

216 Resolves, 1800. — January Session.

Chapter 136.

RESOLVE ON THE PETITION OF LEMUEL COX AND WILLIAM
HAWES, APPOINTING AARON PUTNAM AND JOSIAH BART-
LETT, ESQUIRES, AGENTS TO MAKE PARTITION OF A TRACT
OF LAND IN CHARLESTOWN AND TO PAY THE PROCEEDS
INTO THE TREASURY.

On the Petition of Lemuel Cox and William Hawes.

Resolved, for reasons set forth in said Petition That
Aaron Putnam, and Josiah Bartlett Esqrs. be and hereby
are appointed Agents on behalf of this Commonwealth to
make partition of a tract of land lying in the Town of
Charlestown, the property of this Commonwealth, and the
said Cox & Hawes. And to release the Commonwealth's
interest in said land to the said Cox and Hawes, or to any
other persons if the said Agents shall see fit, and to pay
the proceeds thereof into the Treasury of this Common-
wealth. March 5, 1801.

Chapter 137.

RESOLVE ON THE PETITION OF THE FIRST PARISH IN THE
TOWN OF NEWBURY, AUTHORIZING THE ASSESSORS TO ASSESS
OVER ANEW.

On the petition of the first Parish in the town of New-
bury praying to be authorized to assess over anew several
taxes which have been adjudged by the Supreme Court
deficient in point of form.

Resolved that the present Assessors of said Parish or
those next to be chosen in said Parish be, and they hereby
are authorized to assess over anew the several taxes which
were voted by said Parish in the years 1796, 1797, 1798,
and seventeen hundred and ninety nine, according to the
rules of law in force in those years respectively, on the
polls and estates of all the inhabitants of said Parish then
liable to taxation there and such taxes to commit to their
Collector, or to the one next to be chosen, with a Warrant
in due form of Law to collect the same, said assessors to
credit and allow on the book or books committed to said
Collector, to all persons who have voluntarily paid their
said taxes or any part thereof, the several sums they may
have so paid, and which they cannot by law recover back
again. March 5, 1801.

Resolves, 1800. — January Session. 217

Chapter 138.

RESOLVE ON THE PETITION OF THE INHABITANTS OF THE TOWN
OF BANGOR, CONFIRMING THEIR RESPECTIVE LOTS.

On the petition of the Inhabitants of the Town of Ban-
gor, praying for a confermation of the respective Lots on
which they settled, before the seventeenth day of Feby. 1 798.

Resolved that all the settlers in the Town of Bangor or
their legal representatives, who actually settled before the
first day of January 1784 be intitled to a Deed of their
respective Lots of one hundred acres each, by paying into
the Treasurey of this Commonwealth eight Dollars and
forty five cents : and all those who actually settled on their
respective Lots since the first day of January 1784 and
before the seventeenth day of Feby. 1798 — be intitled to
a Deed of their respective Lots of one hundred acres each,
by paying into the Treasurey of this Commonwealth one
hundred Dollars.

And be it further resolved, that the Committee for the
sale of eastern Lands, be, and they are hereby directed,
to cause the several Lots in the Town of Bangor, to be
surveyed and run out by meets and bounds to each of the
settlers, in said Town, agreeable to this resolve, by some
faithful! surveyor, whom they may appoint, the expence
of surveying to be paid by the settlers, and a return
thereof to be made to said Committee by the first day of
November next, and that six months be allowed to each
settler after the return of the surveyor, to pay for their
Lands, the settlers paying Interest from this date, upon
the money for their respective Lots.

And be it farther resolved, that if any dispute shall arise
between any of the settlers, relative to their dividing lines,
the parties in dispute shall chuse each one a man and the
Surveyor a third man, the major part of whom, being
agreed, upon the lines, the surveyor shall run the lines
and set up the bounds accordingly. March 5, 1801.

Chapter 139.

RESOLVE FOR GRANTING LANDS TO CERTAIN SOLDIERS, WITH
DIRECTIONS TO THE SECRETARY TO PUBLISH THIS RESOLVE
IN THE SEVERAL NEWSPAPERS WITHIN THIS COMMON-
WEALTH.

Whereas application has been made to this Court by a
number of persons who served in the late American Army

218 Resolves, 1800. — January Session.

during the War with Great Britain, praying for a grant
of some of the unappropriated lands in this Commonwealth ;
and as such a grant will promote the settlement of such
land as well as be some reward to those citizens, whose
meritorious services in the field so essentially contributed
to establish our Independence : Therefore

Resolved, That there be and hereby is granted to each
non-commissioned Officer and soldier who enlisted into
the late American Army to serve during the war with
Great Britain, and who was returned as a part of this
States quota of said Army, and who did actually serve in
said Army the full term of three years, and who were
honorably discharged, and unto the Children if any there
be ; if not to the widow of such non commissioned Officer
& soldier and to them only who enlisted as aforesaid and
died in said service two hundred acres to be laid out at
the expence of the Commonwealth, as soon as there shall
appear a number sufficient to take up a quantity of land
that shall be equal to one Township of six miles square,
to be divided and appropriated under such regulations as
the Generall Court shall hereafter prescribe, within the
following limits viz., Beginning at the Northeast corner
of the land now appropriated by the Committee for the
sale of Eastern Lands, on the eastern line of this Com-
monwealth, thence running west six miles, thence north-
erly in a line parrallel with the said Eastern boundary
line, until a tract shall be compleated sufficient for each
noncommissioned officer and private soldier — their Chil-
dren or Widows as aforesaid to have the aforesaid quantity
of two hundred acres, or twenty Dollars as an equivalent
for the aforesaid two hundred acres, to be paid out of
the Treasury, to the Selectmen of the Town, where any
such noncommissioned Officer or Soldier their children
or widows as aforesaid resides for his or their use and
benefit.

And it is further Resolved, That where any such non-
commissioned Officer or soldier has deceased or shall de-
cease before he shall get possession of the land hereby
granted to him, his Children or widow as aforesaid shall
be entitled to the same. And in order to secure to the
said noncommissioned officers & privates and their chil-
dren & widows as aforesaid, the benefit of this grant,

It is further Resolved, That all Deeds, mortgages or
conveyances of or bonds or contracts of every description

Resolves, 1800. — January Session. 219

concerning any of said Lands, which may be made by any
such noncommissioned officer or private, his Children or
Widow before the same shall be laid out, and have a set-
tlement made thereon, and five acres thereof shall have
been bro't under improvement shall be null & void. Pro-
vided always, That no such noncommissioned Officer or
soldier his Children or Widow, shall have any benefit
from this Resolve, who shall not make application there-
for within three years from the time of passing this Re-
solve, and who shall not make the aforesaid settlement
and cultivation within the term of six years. And the
Secretary is directed to publish this Resolve in such of
the Newspapers printed in this Commonwealth as his Ex-
cellency the Governor may direct six weeks successively,
directly after passing the same. March 5, 1801.

Chapter 140.

RESOLVE ON THE ACCOUNTS OF THE COMMITTEE FOR THE
SALE OF EASTERN LANDS, WITH DIRECTIONS TO THE SEC-
RETARY TO PRINT THE REPORT OF THE COMMITTEE BY
THE NEXT SESSION, AND INSTRUCTING THE SAID COMMIT-
TEE RESPECTING CONTRACTS, AND MAKING A GRANT TO SAID
COMMITTEE ON THE SETTLEMENT OF THEIR ACCOUNTS.

The Committee of both Houses, to whom was committed
the report of the Committee for the sale of Eastern lands,
have considered the same & report.

That it appears by the accounts exhibited by said Com-
mittee for the sale of [of] Eastern lands, that the sum of
ten thousand, six hundred & seventy two Dollars, & twenty
nine cents, which sum has been increased by compound
interest to fourteen thousand, nine hundred & ninety six
Dollars & forty nine cents and received by Leonard Jarvis
Esqr. late one of said Committee ; reference to the com-
munications from two of the aforesaid Committee for the
sale of Eastern lands accompanying this report will give
the particulars respecting the aforesaid transactions, as it
respects said Jarvis.

That they have examined said accounts of the Commit-
tee for the sale of Eastern lands, and find them right cast
and well vouched.

which is submitted,

NATHANIEL DUMMER per order.

220 Resolves, 1800. — January Session.

Resolved, That the Secretary he, & he is hereby directed
to cause three hundred copies of the report of the Commit-
tee for the sale of eastern lands, made to the Legislature
the present Session, to be printed and lodged in his Office,
by the tenth day of May next, one copy of which report
to be delivered to the Governor, and one to each member
of the Council, Senate, & House of Representatives or to
their order respectively.

And it is farther Resolved, That in all cases where the
Contractors for land have not paid more than ten per cent,
on the sum required as a consideration for the land sold,
and the time has expired for the fulfilment of said contract,
said Committee for the sale of Eastern Lands, shall give
public notice in the State paper, & in such other papers
as they shall judge necessary.

And it is further Resolved, That unless the contracts
of the aforesaid description shall be closed to the satisfac-
tion of said Committee within six months from the first
publication of the notice aforesaid, said Committee exhibit
to the next General Court, which shall be holden after the
expiration of the six months notice as aforesaid, a par-
ticular statement of all the deficiencies of the aforesaid
description.

And it is further Resolved, That there be paid out of
the Treasury of this Commonwealth to the said Commit-
tee for the sale of Eastern lands, the ballance due them,
being four hundred eighty nine Dollars, & twenty eight
cents, excepting said Jarvis' proportion of Commission,
being one fifth of two per cent, arising on ten thousand,
six hundred, seventy two Dollars, & twenty nine cents,
which shall be endorsed on said Jarvis' obligation in the
Treasurers Office ; And His Excellency the Governor,
with advice of Council is requested to draw his Warrant
on the Treasury accordingly. March 5, 1801.

Chapter 141.

RESOLVE ON THE PETITION OF WILLIAM MARTIN AND OTHERS,
A COMMITTEE OF THE TRUSTEES OF BOWDOIN COLLEGE,
DIRECTING THE COMMITTEE FOR THE SALE OF EASTERN
LANDS TO ENGAGE A SURVEYOR FOR THE PURPOSES MEN-
TIONED.

On the Petition of William Martin, Isaac Parker and
Elijah Kellog a Committe of the Trustees of Bowdoin
College, praying that the Bounds of Township No. 4 in

Resolves, 1800. — January Session. 221

the Seventh Range of Townships North of the Waldo
Claim may be examin'd and the errors of the original sur-
vey corrected.

Resolved that the comittee for the Sale of Eastern Lands
be and hereby are directed to engage the Surveyor who
originally surveyd. sd. Township No. 4 (or some other
Surveyor) to examine the Bounds of said Township &
correct any errors & mistakes he may find therein said
survey to be made at the expence of Government if the
Bounds are found incorrect or erroneous, otherwise at the
expence of sd. Trustees. March 5, 1801.

Chapter 142.

RESOLVE APPOINTING THE HON. EDWARD H. ROBB1NS, AND
NICHOLAS TILLINGHAST, COMMISSIONERS TO ASCERTAIN
THE BOUNDARY LINE BETWEEN THIS COMMONWEALTH
AND THE STATE OF RHODE ISLAND, AND AUTHORIZING
THEM TO APPOINT SURVEYORS; THE SAID COMMISSIONERS
TO BE COMMISSIONED BY THE GOVERNOR, WHO IS RE-
QUESTED TO WRITE TO THE GOVERNOR OF THE STATE OF
RHODE ISLAND ENCLOSING A COPY OF THIS RESOLUTION.

Whereas it appears by a Petition and representation
from the Town of Wrentham, that disputes & difficulties
now exist respecting the boundary line between this Com-
monwealth and the state of Rhode Island, that the same
lands and buildings adjoining or contiguous to the North
line of said State, in some instances have been Assessed,
and the Taxes thereon collected under the authority of
the respective Governments, whereby, animosities and
disturbances between the good Citizens thereof, are ex-
cited, and individuals subjected to unreasonable burthens :
And whereas it is highly desirable, that measures may be
taken that will effect a settlement of the said boundary
line, (in all cases, where it has not heretofore been setled
and established) by which means, all difficulties & dis-
putes relative thereto, between the respective Govern-
ments or any of the Citizens thereof, may in future be
prevented, and individuals taxed as aforesaid, be releived,
and although the mode directed and pursued by an Act
of this Commonwealth for establishing said line passed
in the Year 1791, (viz.) by Commissioners appointed for
that purpose, (and which was agreed to by the said State)
proved, in some measure abortive, and a settlement at that
time was effected only in part ; yet it appears to this Legis-

222 Resolves, 1800. — January Session.

lature that the mode aforesaid is the most eligible way of
setling similar disputes, unless circumstances are such as
to render a settlement in such manner, impracticable, and
it is deemed expedient to make another attempt for a set-
tlement of the said dispute in the mode before directed :
therefore

Resolved, that the Hon. Edward H. Robbins & Nichs.
Tillinghast Esqrs. be appointed Commissioners on the part
of this Commonwealth for ascertaining the boundary line
between the same and the said state of Rhode Island, and
the said Commissioners are hereby authorised and empow-
ered to meet such Commissioners as may be appointed and
vested with similar powers for the above purpose by the
Legislature of the said State of Rhode Island, and in con-
junction with them, to ascertain, run and mark such boun-
dary line, upon such principles, touching the runing said
line as from the best documents they can obtain may
appear to them just and reasonable, which line when so
ascertained and approved by the Legislatures of the re-
spective Governments afore Said shall forever afterwards
be considered and held to be the true and just boundary
line of jurisdiction, between this Commonwealth and the
aforesaid State.

Resolved that in case of disagreement of the Commis-
sioners afore Said, when met for the purposes afore Said,
whereby a Settlement of said line may be prevented or if
said State of Rhode Island, shall decline appointing Com-
missioners to meet with the Commissioners appointed by
this Commonwealth for the purpose afore said, that the
Commissioners on the part of this Commonwealth in either
case are hereby Authorised and required to ascertain and
clearly describe such line as they from the best documents
they can obtain as aforesaid, shall judge the most just and
equitable and as in their opinion, shall have the greatest
tendancy, to prevent further disputes, as to the line of
jurisdiction aforesaid and make report to the next General
Court as soon as convenient.

Resolved, that said Commissioners on the part of this
Commonwealth, when appointed be and they hereby are
authorised to employ such Surveyors and Chainmen as
they may think proper, to assist in ascertaining the same
line as aforesaid, and such Commissioners, prior to their
entering on the business herein assigned them, shall re-
ceive a Commission from the Govenor, under the seal of

Kesolves, 1800. — January Session. 223

this Commonwealth, agreable to the powers with which
they are hereby vested.

And Be it further Resolved that the Govenor of this
Commonwealth be, and he hereby is requested to transmit
a coppy of these Resolutions to the Govenor of Rhode
Is [Z] and, that the same may be communicated to the
Legislature of said State, in order that measures may be
taken on the part of that State, to carry the same into
eftect. March 5, 1801.

Chapter 143.

RESOLVE ON THE PETITION OF ISAAC COLLIER AND OTHERS,
AND OF JOSIAH LITTLE, ESQ. AGENT FOR THE FEJEPSCOT
PROPRIETORS.

On the petition of Isaac Collier and others Inhabitants
of Lewiston, Green and the plantation of Littleborough
and little river in the counties of Lincoln and Kennebeck,
and of a place called the Gore in the county of Cumber-
land setting forth that a meeting of the pejepscot pro-
prietors has been notified and called for the purpose of
appointing and empowering an agent to make a deed to
the Commonwealth pursuant to the award of RefFerees
appointed by the government and the said proprietors &c.
and praying that no advantage may be allowed them, to
the injury of the petitioners, by any act of Government ;
and the petition of Josiah Little Esq. agent for the said
pejepscot proprietors praying he may be allowed to tender
a deed which shall be accepted and considered as a full
satisfaction, in this respect, of the award of the said
Refferees, the time prescribed for tiling such deed having
elapsed notwithstanding.

Whereas it appears by the records of the General Court
that a resolve was passed in June 1798 authorising and
empowering the attorney general to submit, under a rule
of the supreme judicial court at the term thereof then
next to l)e holden at Augusta, if he should think fit, all
or any of the controversies, disputes, claims and demands
subsisting between the Commonwealth and the pejepscot
proprietors, so called, to be mutually agreed upon by the
said attorney general and the agent of the sd. pejepscot
proprietors, the said submission to be made upon such
conditions limitations and restrictions as the said attorney
genera] might think for the benefit and interest of this

224 Resolves, 1800. — January Session.

Commonwealth, and all concerned, provided the same
should not be inconsistent with the stipulations therein
afterwards recited — And whereas it appears on the records
of the supreme judicial court that James Sullivan Esq.,
attorney general, for and in behalf of this Commonwealth,
and Josiah Little Esq. as agent for the said pejepscot pro-
prietors at the supreme judicial court holden at Augusta
within the county of Lincoln and for the counties of Lin-
coln, Hancock and Washington on the second tuesday
next following the fourth Tuesday of June A D 1798, did
submit, under a rule of the said court, and with an express
recognition and allowance on the part of the said proprie-
tors by their sd. agent, of all the stipulations mentioned
in the said Resolve, to the determination of Levi Lincoln,
Samuel Dexter Junr. and Thomas D wight Esquires, all
the claim and estate which the said proprietors and the sd.
Little or either of them or any persons claiming under
them have, and which the Commonwealth have, in and to
certain tracts of land described in said Rule — And whereas
the said Levi Lincoln, Saml. Dexter Junr. and Thomas
Dwight Esquires, taking upon themselves the burthens
and duties so assigned them, met the said parties and
after fully hearing them and considering the allegations
proofs and pleas of the parties did award to the said Pejep-
scot proprietors the lands on which the sd. Isaac Collier
and others the Inhabitants aforesaid are settled, described
by certain bounds and lines mentioned in their award,
on condition that the said proprietors should, within six
months from the date of their award, by a deed of release
made to the Commonwealth (sufficient in the opinion of
the supreme Judicial court, or of the attorney general, to
bar the said pejepscot proprietors from any future claims
to land northerly of the northerly boundaries of the tracts
awarded by them to the said pejepscot proprietors and to
confirm the same to the said Commonwealth) release all
their the said proprietors claim, right & title to and in the
said land situate northerly of the boundaries aforesd. to
the said Commonwealth, and shall lodge the same deed
within the time aforesaid in the Clerk's office of the same
court, or with the said attorney, for the use of the Common-
wealth — which award was read and accepted at the Feb-
ruary term of the supreme court at Boston A D 1800 as of
July term A D 1799 at Pownalborough in [in] the county

Resolves, 1800. — January Session. 225

of Lincoln, and Judgment accordingly — And whereas the
said Josiah Little Esq. as agent for the said proprietors
did in fact within the time limited as aforesaid for this
purpose by the said award, lodge an instrument or writing
purporting to be the deed awarded as aforesaid but which
the said attorney general rejected as insufficient, in his
opinion, to bar the sd. pejepscot proprietors from any
future claim to the lands north of the boundaries afore-
said ; and the said proprietors have not in any other man-
ner satisfied that part of the award aforesaid which respects
the deed of release — The said Josiah, as agent for the
said proprietors and fully authorised for this purpose
therefore now comes before this court and oilers a deed
of release to the Commonwealth of all the lands northerly
of the northerly lines and boundaries of the lands awarded
to the said pejepscot proprietors as aforesaid, which he
says is sufficient to bar the said proprietors from any
future claim to the same, and prays that, at the pleasure
of this Court, it may be admitted as a satisfaction of the
said Condition — But because this general Court feel it to
be their indispensible duty to grant equal protection to the
citizens of the Commonwealth, and it appears that the
rights of a certain description of the petitioners were over-
looked in the resolve authorising the submission aforesd.,
which ought to be preserved and secured : Therefore
resolved, That the supreme judicial court be, and they
hereby are, authorised and empowered at any future term
thereof, to receive a deed of release to the Commonwealth
from the said proprietors or their agent lawfully empow-
ered thereto, of all the lands northerly of the northerly
bounds of the tracts awarded to the said pejepscot pro-
prietors as aforesaid which, in their opinion shall be suffi-
cient to bar the sd. proprs. from any future claim to such
lands — Provided & on condition the said Proprietors or
any person or persons holding lands under them, on the
Easterly side of Andmoscoging river (except the land in
the town of Topsham) or on the Westerly side of said
river & north of the South line of Durham within said
Pejepscott claim — shall agree to consider the same so tar
as it respects the Settlers thereon, as undivided lands;
And the Commissioners to be appointed by the Governor
and Council in pursuance of the Resolvo of June 29 1798,
shall value all the said Settlers lots in the same manner

226 Resolves, 1800. — January Session.

as lots on the undivided lands — & said Settlers on all
the land aforesaid whether divided or undivided shall be
quieted in the same way as settlers on the undivided lands
are to be quieted by the Resolve aforesaid.

March 5, 1801.

Chapter 144.

RESOLVE ON THE PETITION OF SUNDRY INHABITANTS OF THE
TOWN OF RUSSELL, IN THE COUNTY OF HAMPSHIRE, GRANT-
ING A SUM FOR THE ERECTION OF A BRIDGE.

On the petition of sundry Inhabitants of the town of
Russell in the County of Hampshire, praying for the aid
of government, in erecting a bridge of permanent mate-
rials, at a dangerous pass in said town, formerly called
Westfield Mountain, which much exceeds the ability of
said town to keep in repair.

Resolved that there be allowed & paid out of the Public
Treasury to the said town of Russell, the sum of Sixty two
Dollars & seventy eight cents being the amount of their
State Tax for the year 1800, to be applied to the purpose
of erecting said permanent bridge : provided the said town
shall produce satisfactory evidence, that the said sum has
been faithfully and exclusively applied, to the purposes
for which it is granted, within two years from the date of
this Resolve. March 6', 1801.

Chapter 145.

RESOLVE ON THE PETITION OF MOSES SMITH, EMPOWERING
ABRAHAM HASKELL, IN BEHALF OF HIS MINOR CHILDREN,
TO RELEASE AND RE-CONVEY TO SAID SMITH, THE LAND
MENTIONED.

On the Petition of Moses Smith praying that Abraham
Haskell may be impowered to reconvey a Certain Tract
of Land which he the said Smith had given a deed of to
Peter Green.

Resolved for reasons Set forth in Said Petition that the
Said Abraham Haskell be and he is hereby impowered in
behalf of his minor Children to release and reconvey to
the Said Moses Smith all their right Title and interest of
in and unto a Certain Farm of about Twenty eight Acres
of Land with a house barn and Black-smiths Shop thereon
Situate in the Central part of Lancaster and bounded as
by the deed given by said Moses Smith to Said Peter
(Jreen — any Law to the Contrary notwithstanding.

March 6, 1801.

Resolves, 1800. — January Session. 227

Chapter 146.

RESOLVE ON THE PETITION OF JAMES SPROUT AND OTHERS,
AUTHORIZING THE GOVERNOR, WITH THE ADVICE OF
COUNCIL, TO RAISE A COMPANY OF LIGHT INFANTRY IN
THE TOWN OF TAUNTON.

On the Petition of James Sprout & others, praying for
leave to raise a Company of Light Infantry, in the Town
of Taunton, within the second Regiment, Second Brigade
& fifth Division of Militia.

Resolved, That his Excellency the Governor with the
advice of Council, be and hereby is authorized to raise
a Company of Light Infantry, in the second Regiment,
second Brigade, & fifth Division, of the Militia of this
Commonwealth, to be attached to the said Second Regi-
ment, Subject to all the rules & regulations, that are or
may be by Law provided, for the Goverment of the Militia
within this Commonwealth. March 6', 1801.

Chapter 147.

RESOLVE ON THE PETITION OF DAVID HARDING AND OTHERS,
AUTHORIZING THE GOVERNOR, WITH THE ADVICE OF COUN-
CIL, TO ESTABLISH A COMPANY OF LIGHT INFANTRY IN THE
TOWN OF GORHAM.

On the Petition of David Harding and others praying
for leave to raise a Company of Light Infantry in the third
Regiment of the Second Brigade and Sixth division of the
Militia of this Commonwealth.

Resolved that the Governor by and with the advice of
the Council be and hereby is authorized and empowered
to establish a Company of Light Infantry in the Town of
Gorham in the third Regiment, in the Second Brigade,
and in the Sixth Division of the Militia of this Comon-
wealth, which Company when raised is to be annexed to
the third Regiment and subject to such Rules and Regu-
lations as are or may be prescribed by Law for regulating
the Militia of this Commonwealth — Provided however \
that none of the Companies of Militia already formed in
said Town of Gorham shall be reduced below the number
prescribed by Law to form the sd. Company.

March 6, 1801.

228 Resolves, 1800. — January Session.

Chapter 148.

RESOLVE ON THE PETITION OF ASA TOWN AND OTHERS,
AUTHORIZING THE GOVERNOR, WITH THE ADVICE OF
COUNCIL, TO ESTABLISH TWO COMPANIES OF CAVALRY IN
THE 2D BRIGADE OF THE 2D DIVISION OF MILITIA, IN THE
COUNTY OF ESSEX.

On the petition of Asa Town & others praying for leave
to form a company of Cavalry in the towns of Andover &
Boxford — & Daniel Swett & others praying leave to form
a company of Cavalry in the towns of Haverhill, Bradford
& Methuen both in the second brigade of the second divi-
sion of the Militia of this Commonwealth.

Resolved that the Governor with the consent of the
Council, be & is hereby authorized & empowered to
establish two companies of Cavalry within the limits of
the said brigade ; & which are to be annexed to the Cav-
alry composing the squadron now belonging to the brigade
aforesaid ; subject however to all such rules regulations
& Orders as now are or may hereafter be provided for
the government of the militia of this Commonwealth.

March 6,1801.

Chapter 149.

RESOLVE GRANTING 120 DOLLARS TO THE ASSISTANT CLERK
OF THE SENATE.

Resolved, That there be paid, out of the Treasury of this
Commonwealth, to Geo. E. Vaughan, Assistant Clerk of
the Senate, the sum of One hundred & twenty dollars for
his services the present Session. March 6', 1801.

Chapter 150.

RESOLVE GRANTING MONEY TO THE AGENTS FOR SUPERIN-
TENDING THE COMPILING AND PUBLISHING THE MAPS OF
THIS COMMONWEALTH, AND AUTHORIZING THEM TO CON-
TRACT FOR A CERTAIN NUMBER OF SAID MAPS.

Resolved that the Agents for superintending the com-
piling & publishing the Maps of this Commonwealth be &
they are hereby authorized to contract for the printing &
doing up of one hundred setts of the Maps of this Com-
monwealth in addition to the number already contracted
for.

Resolves, 1800. — January Session. 229

& be it further resolved that the sum of nine hundred &
sixty eight Dollars & thirteen Cents be paid out of the
Treasury of this Commonwealth to the said Agents for
the purpose of enabling them to eompleat the said Con-
tract — & for said additional maps.

And be it further resolved that the sum of four hundred
& fifty Dollars be granted & paid to the said Agents as a
full compensation for all their services in superintending
the compiling & publishing the Maps of this Common-
wealth. March 6, 1801.

Chapter 151.

RESOLVE DIRECTING THE COMMITTEE FOR THE PRINTING
THE STATUTE LAWS OF THE COMMONWEALTH TO EXHIBIT
THE ACCOUNT OF THE PRINTERS FOR ADJUSTMENT AND
ALLOWANCE.

Resolved, That the committee, appointed to contract for
a new Edition of the Statute Laws of this Commonwealth,
be, & hereby are, authorized & instructed to receive of
the printers, with whom they have contracted, five hun-
dred sets of the said Laws, at the price stipulated, if that
number shall be compleated agreeably to the specimen ex-
hibited to the General Court, and said Committee are also
hereby authorized to purchase an additional hundred setts
of said Volumes if to be obtained at the same rate.

Resolved, That the Books received by the committee
aforesaid pursuant to the foregoing Resolution, be de-
posited in the Secretary's Office, to be disposed of agree-
ably to the order of the Legislature.

Resolved, That the said Committee lay before the
Supreme Executive, an Account of the printers for the
aforesaid five hundred sets of Statute Laws and also for
the additional hundred for adjustment & allowance. And
that the Amount of the said Accounts, so adjusted & al-
lowed, be paid to the said printers, out of the Treasury
of this Commonwealth. March 6, 1801.

Chapter 152.

RESOLVE ON THE PETITION OF THE TOWN OF TRENTON,
DIRECTING THE TREASURER TO SUSPEND HIS EXECUTIONS
AGAINST SAID TOWN.

On the petition of the town of Trenton, for remission
of their State Tax, of One hundred & thirty four Dols.

230 Resolves, 1800. — January Session.

& twenty nine Cents for the year 1788, — of Thirty three
Dollars in the year 1790 —and of Fifty Dollars & seven
cents for the year 1791.

Resolved that the Treasurer of this Commonwealth be,
& he is hereby directed to suspend his executions against
the said town of Trenton, for the taxes aforesaid, until the
further order of the General Court. March 6, 1801.

Chapter 153.

RESOLVE DIRECTING THE SECRETARY TO DISTRIBUTE THE
MAPS OF THIS COMMONWEALTH.

Resolved that the Secretary of the Commonwealth be,
and he hereby is directed to cause the maps of the Terri-
tory of Massachusetts contracted for with Osgood Carle-
ton, to be distributed in manner following to wit. — To &
for the use of the honorable Council two setts ; to & for the
use of the two Houses of the Legislature six setts, to the
Clerk of each town or district, & to the Assessors of each
unincorporated plantation within this Commonwealth, one
sett, for the use of such town, district or plantation ; to
the University at Cambridge, to Bowdoin, and Williams
Colleges, to the Massachusetts Academy of Arts & Sciences,
to the Massachusetts Historical Society, to the Agricultural
Society of Massachusetts, and to the Kennebeck Agricult-
ural Society, two setts each. March 6, 1801.

Chapter 154.

RESOLVE DIRECTING THE SECRETARY IN WHAT MANNER TO
DISTRIBUTE THE LAWS OF THIS COMMONWEALTH.

Resolved that the Secretary of the Commonwealth be &
he hereby is directed to cause the laws of this Common-
wealth, the publication whereof has been contracted for
with Messrs. Manning & Loring, to be distributed in the
following manner; to wit; to the Governor and Council,
and the two Houses of the Legislature, twenty setts, for
their use ; to each of the Justices of the Supreme Judicial
Court, one sett ; to the Treasurer of the Commonwealth
one sett; to the Attorney General & Solicitor General,
one sett each ; to the Judge of Probate in each County, one
set, for the use of the Probate Office in such County, to
the Sheriff in each County, one sett ; to the Clerk of the
Court of Common Pleas & of the Court of the General

Resolves, 1800. — January Session. 231

Sessions of the Peace in each County, one sett, for the
use of such Court ; to the Clerk of each town or district
& to the assessors of each unincorporated plantation within
this Commonwealth, one sett, for the use of such town,
district, or plantation.

And it is farther resolved, that upon the death, resig-
nation, or removal from office of either of said Justices,
Clerks, or other Officers aforesaid, he, his executors, or
administrators respectively shall be held & obliged to
deliver over the sett of the laws, which he shall have re-
ceived pursuant to this resolve, to his successor in office;
and that upon the incorporation of any unincorporated
plantation into a town or district, the assessors of such
plantation shall deliver over the sett of laws by them re-
ceived as aforesaid to the clerk of such incorporated town,
or district, for the use of the same. March 6, 1801.

Chapter 155.

RESOLVE DIRECTING THE SECRETARY TO DELIVER TO THE
ATTORNEY GENERAL AND SOLICITOR GENERAL, FROM TIME
TO TIME, A CERTIFIED LIST OF TOWNS DELINQUENT IN
MAKING ELECTION RETURNS.

Resolved that the Secretary of this Commonwealth be
& he hereby is directed from time to time to make out
and deliver to the Attorney General & Solicitor General
a certified list of those Towns, Districts & Plantations
from which the returns of Votes at any election shall not
be seasonably made, in order that the process prescribed
by law may be brought against the delinquents in manner
by law provided. March 7, 1801.

Chapter 156.

RESOLVE ON THE PETITION OF ZEBINA CURTIS, AUTHORIZ-
ING THE COMMITTEE FOR THE SALE OF EASTERN LANDS
TO CREDIT SAID ZEBINA WITH 1000 DOLLARS.

On the Petition of Zebina' Curtis.

Resolved, That the Committee for the sale of [of] Eastern
lands, be & hereby are authorized and empowered, for the
reasons set forth in said Petition to credit the said Zebina
Curtis ; the sum of One thousand Dollars in part of the
purchase money due on twelve thousand two hundred &
six acres of land, being the quantity of surplus lands upon
a rcsurvey of Township marked on the plan with the
letter C. ' March 7, 1801.

232 Resolves, 1800. — January Session.

Chapter 157.

RESOLVE GRANTING PAY TO THE COMMITTEE ON ACCOUNTS.

Resolved That there be paid out of the public Treasury
of this Commonwealth to the Committee appointed to
examine & pass on accounts for their attendance on that
service, during the last & present Session the sums an-
nexed to their names, in addition to their pay as members
of the Legislature, viz. to the Honble. Isaac Thompson
Esq. to the Honble. Thomas Hale Esquire & to Silas Hol-
man Esquire, for forty four days attendance the sum of
twenty two Dollars each — to James Taylor Esquire for
thirty six Days attendance the sum of eighteen Dollars &
to Nathaniel C. Allen Esquire for four Days attendance
the sum of two dollars — which sums shall be in full for
their services aforesaid. March 7, 1801.

Chapter 158.

RESOLVE ON THE PETITION OF WILLIAM O'BRIEN, AUTHORIZ-
ING JAMES LITHGOW TO SELL AND CONVEY A CERTAIN
TRACT OF LAND.

On the petition of William Obrien.

Resolved that James Lithgow be and he hereby is author-
ised & impowered to sell & convey to the said William
Obrien a certain tract of land containing twenty acres
situate in Dresden on the Eastern river, being part of the
Eastern farm so called bounded Westerly on said river,
southerly on the south line of said farm, Easterly on a
line drawn parallel with & two rods westerly from a small
rivulet running across said farm & to extend so far north-
erly as to compleat the said quantity of twenty acres — it
being a part of the lands which are now vested in the said
Lithgow as tenant by the curtesy, the right of reversion
in which belongs to the infant children of said Lithgow by
Ann Lithgow his deceased wife — provided however that
the said Lithgow shall secure or cause to be secured to
his said children the value of said twenty acres of land,
to be appraised by three disinterested Freeholders in the
County of Lincoln to be appointed by the Judge of Pro-
bate in and for said County who is hereby authorised to
make the said appointment and to receive the said Lith-
gow's bond with sufficient sureties to account with his
children for their proportions of the sum he shall receive
for said land as they respectively come of age.

March 7, 1801.

Resolves, 1800. — January Session. 233

Chapter 159.

RESOLVE ON THE PETITION OF COBURN BLOOD.

On the Petition of Coburn Blood setting forth that he
stands defaulted on a recognizance before the supreme
judicial Court holden at Concord in the county of Middle-
sex at April term 1800 for seven hundred dollars, since
which viz. at the October Term of the same Court then
next following holden at Cambridge, he appeared, received
the sentence and abided the order of said Court and there-
fore praying that an order of this honble. Court may pass
that an execution for the said Sum of seven hundred dol-
lars awarded on judgment entered up agt. the said Coburn
Blood, shall not be issued &c.

Resolved, for Reasons set forth in the said petition and
for others which appear to this Court, that the Clerk of
the supreme judicial Court in the county of Middlesex be
directed not to issue his execution against the said Coburn
Blood for the sd. Seven hundred dollars forfeited, and for
which judgt. has been rendered, as aforesaid, and that the
said Sum be released to the said Blood.

March 7, 1801.

Chapter 160.

RESOLVE ON THE STATEMENT MADE BY EPHRAIM WILLIAMS,
ESQ. RESPECTING WILLIAM TOWNER, AUTHORIZING THE
JUSTICES OF THE PEACE IN THE COUNTY OF BERKSHIRE
TO TAKE AFFIDAVITS IN THE CASE.

On the statement made by Ephraim Williams Esq. re-
specting certain accounts allowed by the Committee of
both houses appointed to pass on public accounts to Wil-
liam Towner Esq. and to the Town of Williamstown, the
consideration whereof is referred to the first Session of
the Next Genl. Court, when the said Towner suggests,
that the affidavits of certain persons will be important to
him, & prays, that the Genl. Court would provide some
mode of obtaining said Affidavits.

Resolved that the several Justices of the Peace in &
for the County of Berkshire be and they are hereby author-
ised, upon the application of the said Towner & at his own
charge & expence, to issue a summons to any person or
persons to appear before any such justice for the purpose
of making affidavit to be used as aforesaid, and to proceed

234 Resolves, 1800. — January Session.

in taking such affidavit, in the same manner as Justices of
the Peace are authorised to do in taking affidavits out of
Court in any civil action pending in any Court of common
law ; and any person so summoned, who shall refuse or
neglect to appear accordingly, shall be liable to the same
penalties and on like conditions as are provided in cases
of persons refusing or neglecting to appear before any
Justice of the peace after due summons for the purpose
of making affidavit in civil actions pending as aforesaid.
And the Justice who shall take any such affidavit or affi-
davits shall previously notify Daniel Dewey Esq. of Wil-
liamstown in said County, to appear if he see cause at the
taking thereof in the same manner as adverse parties are
by law to be notified in taking affidavits in civil actions :
and the said Dewey is hereby authorised to appear accord-
ingly in behalf of the Commonwealth. March 7, 1801.

Chapter 161.

RESOLVE ON THE PETITION OF ELISHA RICE.

On the petition of Elisha Rice for compensation for a
wound he received in his right hand, while doing military
duty on a general muster day, and which has long disabled
him from performing his daily labour, on which his family
depend for their support.

Resolved that Sixty Dollars be paid out of the Public
Treasury to the said Elisha Rice, in full for the losses &
expences incurred by said wound, & his Excellency the
Governor with advice of Council is requested to grant a
warrant accordingly. March 7, 1801.

Chapter 162.

RESOLVE ON THE QUARTER MASTER GENERAL'S ACCOUNTS.

On the representation of Amasa Davis Esqr. Quarter
Master General.

Resolved that the said Amasa Davis — be, and he hereby
is discharged from the sum of Eight Thousand Dollars,
being the amount of a Warrent drawn in his Favor on the
Treasurer of this Commonwealth March 3d. 1800 allso of
Eighty two Dollars reed, of Poor & Man for an old Build-
ing sold at auction — and that there be allowed and paid
out of the Treasury of this Commonwealth to the said
Amasa Davis the sum of Ten Thousand Dollars for defray-
ing the Charges and Expenditures in the Quarter Master

Resolves, 1800. — January Session. 235

General's department the current year ; he to be account-
able therefor, and allso the Further sum of Three Thousand
two Hundred & fifty one Dollars Thirty Eight Cents, for
the Ballances of his Accounts, including his Services, office
rent & Clerks Wages, and in full thereof from January
17, 1800, to Jany. 17 1801, inclusively.

March 7, 1801.

Chapter 163.

RESOLVE ON THE PETITION OF SAMUEL WEBSTER AND OTHERS,
AUTHORIZING THE GOVERNOR, WITH ADVICE OF COUNCIL, TO
RAISE A COMPANY OF LIGHT INFANTRY IN THE 3D REGIMENT,
2D BRIGADE, AND 2D DIVISION OF THE MILITIA.

On the Petition of Samuel Webster & others, praying
for leave to raise a Company of Light Infantry, in the Town
of Bradford, in the third Regement, Second Brigade &
second Division of Militia.

Resolved, That his Excellency the Governor, with the
advice of Council, be and hereby is authorised to raise a
Company of Light Infantry, in the aforesaid third Regi-
ment, second Brigade, & second Division, of the Militia
of this Commonwealth, to be attached to the said third
Regement, Subject to all the rules & regulations, that are
or may be, by Law provided for the Government of the
Militia, within this Commonwealth. March 7, 1801.

Chapter 164.

RESOLVE APPOINTING PARK HOLLAND, ESQ. IN ADDITION TO
FRANCIS LE BARON GOODWIN, AS AGENTS IN BEHALF OF
THE COMMONWEALTH FOR THE PRESERVATION OF MASTS, &c.

Resolved, That Park Holland Esqr. be & he is hereby
appointed in addition to Francis Le Baron Goodwin Esqr.
as an Agent in behalf of the Commonwealth to superintend
the preservation of all Masts, Timber & other Trees, on
the Public Lands in the District of Maine, and to enquire
into all trespasses & intrusions on the said lands, and in
the name of the Commonwealth to institute & pursue to
final judgement such legal process as may be necessary
to convict any or all offenders — And the said Agents or
either of them or any Person duly authorized by them or
either of them are hereby authorized, to seize all Masts
or other Timber which shall have been unlawfully cut or
taken from oil*, the said Lands & to sell the same for the

236 Resolves, 1800. — January Session.

benefit of the Common wealth. And all civil & military
Officers of the County of Hancock are hereby authorised
& required to aid & assist said Agents or either of them, in
carrying this Resolve into execution. — And the Solicitor
General is directed to appear in all Courts in behalf of the
Commonwealth to maintain & prosecute, any & all suits
that may be instituted pursuant to this or the former
Resolve on the same subject, so farr as he shall judge it
for the interest of the Commonwealth. And the said
Agents shall jointly & severally possess all such other
powers as are vested in the Agent appointed by the Re-
solve of the 22 June 1799.

Resolved, That The said Holland from time to time lay
his accounts before the General Court for allowance &
payment — And the said Agents are hereby severally re-
quired to render a statement of all their proceedings under
this or the former Resolve, to the next General Court on
the second Wednesday of the first Session thereof.

March 7, 1801.

Chapter 165.

RESOLVE ON THE PETITION OF THE INHABITANTS OF THE
TOWN OF BELCHERTOWN, CONFIRMING THE TRANSACTIONS
OF CERTAIN TOWN MEETINGS.

On the Petition of the Inhabitants of the town of Belchers-
town in the County of Hampshire praying that the records
and doings of the same town may be confirmed and estab-
lished notwithstanding any informalities in the manner of
warning town meetings.

Resolved that the transactions of said town meetings be
& they hereby are confirmed and rendered valid notwith-
standing any informalities or irregularities in issuing —
posting and returning Warrants for said town meetings —
Provided however that nothing herein contained shall be
construed to affect the title to any lands assessed or sold
as the estate of any non resident proprietor of lands lying
within the town aforesaid. March 7, 1801.

Chapter 166.

RESOLVE ON THE PETITION OF FRANCIS DANA AND OTHERS,
TRUSTEES UNDER THE WILL OF EDMUND TROWBRIDGE.

On the petition of Francis Dana Esqr. & others Trustees
under the Will of Edmund Trowbridge.

Resolves, 1800. — January Session. 237

Resolved that the prayer of the petition of Francis Dana
and others, Trustees, named and appointed in and by the
last Will and Testament of Edmund Trowbridge late of
Cambridge in the County of Middlesex Esqr. deceased,
be granted ; And that they be, and hereby are accordingly
authorised & empowered to sell the whole of the Mes-
suages Lands and Tenements devised to them in Trust,
in said last will & testament or such parts thereof as they
may judge will be most beneficial to the objects of their
Trusts, at private or public sale ; and to make good and
sufficient Deeds thereof to the purchasor or purchasors,
conveying to him or them a Fee Simple Estate therein,
the said Devise in Trust to them as aforesaid notwith-
standing— And that the said Trustees be and they are
hereby further authorised and empowerd to vest the net
proceeds of such sale or sales, or such part thereof as they
may judge best, in any other real Estate, and to take to
themselves as Trustees as aforementioned good and suffi-
cient Deeds of all such Messuages Lands or Tenements
as they shall so purchase : to be holden by them subject
to the same Trust and all the limitations conditions and
restrictions of every kind, which the said devised Tene-
ments are or were made subject to in and by the said Will
of the said Edmund Trowbridge in like, and in as full and
ample a manner as if the same had been actually devised
to the said Trustees in and by the said Will — in the very
words thereof.

And that in case any surplus of such sale or sales shou'd
remain in the hands of the said Trustees, after having pur-
chased other Real Estate as aforesaid, that they may place
the same at Interest or in such public Funds or Banks as
they may in their discretion judge proper, with liberty of
transfering the same from time to time from one to the
other : The said surplus both principal & stock, and the
Interest or Income thereof, to go & be disposed of in all
respects in like manner as the Rents or profits of the Real
Estate from which such surplus proceeded, or the Real
Estate itself, wou'd go and be disposed of agreeably to
the intention of the said Testator declared in his said last
Will and Testament : And that the proceeds of the said
Devised Tenements which may be sold as aforesaid untill
the same shall be vested in other Real Estate as aforesaid,
shall be subject to the same Trusts, Limitations, and
liable to the same appropriations and dispositions as the
Stock aforesaid.

238 Resolves, 1800. — January Session.

It is further Resolved that the powers & authorities
herein granted to the said Trustees jointly, shall devolve
upon the Survivors or Survivor of them and to the Heir
Male of the Survivor in like manner as is provided in and
by the said Will and Testament. March 7, 1801.

Chapter 167.

RESOLVE ON THE PETITION .OF JOHN WARREN, EXTENDING
THE TIME FOR COMPLETING THE SETTLEMENTS ON CERTAIN
TOWNSHIPS TO TWO YEARS FROM THE LAST DAY OF JUNE
NEXT.

Whereas a Resolve passed the sixth day of Feby.
instant on the petition of John Warren for extending the
time for compleating the settlements on two townships
of land therein described for the term of two years, but
doubts have arisen as to the period from which said time
is extended : therefore

Resolved that the said term of two years be and hereby
is extended from the last day of June next.

March 7, 1801.

Chapter 168.

RESOLVE MAKING ALLOWANCE FOR THE CHAPLAINS AND
CLERKS OF BOTH HOUSES.

Resolved that there be allowed & paid out of the Treas-
ury of this Commonwealth to the Revd. Peter Thacher
Chaplain of the Senate Sixty Dollars, to the Revd. Thomas
Baldwin Chaplain to the House of Representatives sixty
Dollars — to Edward P. Hayman Clerk of the Senate
Three hundred and Thirteen Dollars & to Henry Warren
Esq. Clerk of the House of Representatives Three Hun-
dred & Thirteen Dollars in full for their services respec-
tively the present year and that the Treasurer be & he is
hereby directed on recieving a warrant therefor — to pay
the same out of the same funds & in the same manner as
the Members of the General Court are paid for their ser-
vices the present session. March 7, 1801.

Chapter 169.

RESOLVE FOR PAYING THOMAS WALLCUT.

Resolved that there be allowed and paid out of the Pub-
lic Treasury one hundred Dollars to Thomas Wallcut

Resolves, 1800. — January Session. 239

Assistant Clerk of the House of Representatives in full
for his services the present Session, and including four
days employed in writing previous to the Session.

March 7, 1801.

Chapter 170.

RESOLVE APPOINTING SILAS HOLMAN AND VESTING HIM WITH
ALL THE POWERS FORMERLY HELD BY HERMAN BRIMMER,
ESQ. RESPECTING THE REAL ESTATE OF JOHN JEYKELL,
ESQ. DECEASED.

Resolved that Silas Holman Esq. be and he hereby is
appointed an Agent and Vested with all the authority and
powers and made accountable in the same way and man-
ner that Herman Brimmer, late deceased, was by a Re-
solve passed by the General Court, March the ninth in
the Year of our Lord one Thousand Seven hundred and
Ninety one Respecting the Real Estate of John Joykell
deceased, lying in the towns of Stow and Boxborough in
the County of Middlesix.

And be it further Resolved that the Attorney General
be and he hereby is directed by Inquest of Office to en-
deavour to Vest the said Real Estate in the Commonwealth
agreeably to law. March 7, 1801.

Chapter 171.

RESOLVE DIRECTING THE TREASURER TO DISCHARGE THE
BALANCE DUE FROM NOAH GOODMAN, ESQ. DECEASED, ON
THE BOOKS OF THE TREASURY.

Whereas there appears by the books of the Treasury,
that at the time of the decease of Noah Goodman Esquire
late Collector of Excise for the County of Hampshire, there
was due from him to the Commonwealth the sum of Two
hundred & fifty Dollars & ninety six cents, and that he
left no estate to pay the same : Therefore

Resolved, that the Treasurer of this Commonwealth be,
and he is hereby directed to discharge the said ballance
on the books of the Treasury. March 7, 1801.

Chapter 172.

RESOLVE ON THE PETITION OF THE SELECTMEN OF GOULDS-
BOROUGH, ABATING CERTAIN TAXES.

On the petition of the Selectmen of Gouldsborough in
behalf of said town, praying for an abatement of taxes

2-10 Resolves, 1800. — January Session.

number Six Seven, Eight & nine & setting forth their
inability to pay the same.

Resolved — That taxes number Six Seven, Eight &
nine, levied on the town of Gouldsborough, be abated to
said town, and that the Executions issued for the same
taxes, be discharged, & the treasurer of this Common-
wealth is hereby directed to credit the said town with the
amount of the same taxes respectively — any law or resolve
to the contrary notwithstanding. March 7, 1801.

Chapter 173.

RESOLVE GRANTING 500 DOLLARS FOR DIGGING A WELL AT
RAINSFORD ISLAND AND FOR OTHER PURPOSES.

On the memorial of the Board of Hea[?]th, for the town
of Boston, representing that it is highly necessary for the
convenience of the sick that a well should be dug at the
South-westerly head of Hospital island, nigh the long
Hospital, that all communication may be cut off between
that and the other building on the said Island, when
malignant and contagious diseases prevail, which cannot
be elfected, unless water can be obtained near to said
Hospital — That an addition is much wanted to the small
pox hospital about eighteen feet square, for the accommo-
dation of the nurses, and that several other alterations in
and repairs to the said building are necessary and expe-
dient.

Resolved for the reasons set forth in the said memorial
and to accomplish the purposes therein mentioned that
there be allowed and paid from the Treasury of this Com-
monwealth to Amasa Davis, Esqr. one of the members of
said board, a sum not exceeding five hundred dollars, to
be expended for the purposes aforesaid, the said Amasa
to be holden to account for the same and to exhibit his
account to the General Court for allowance.

March 7, 1801.

Chapter 174.

RESOLVE ON THE PETITION OF PAUL DUDLEY SARGENT, ESQ.
IN BEHALF OF THE TOWN OF SULLIVAN, DIRECTING THE
TREASURER TO STAY HIS EXECUTION AGAINST SAID TOWN.

On the petition of Paul Dudley Sargent Esquire, in
behalf of the Town of Sullivan, praying for remission of
the costs on sundry State Taxes.

Resolves, 1800. — January Session. 241

Resolved that the further consideration of the said peti-
tion be refered to the next Session of the General Court,
for further evidence ; and that the Treasurer be and he is
hereby directed to stay his execution against the said Town
of Sullivan for One hundred Dollars & eighty three Cents,
untill the further order of the General Court.

March 7, 1801.

Chapter 175.

RESOLVE ON THE PETITION OF EBENEZER BREWER, EMPOW-
ERING ELIZEBETH SUMNER TO EXECUTE A DEED OF THE
TRACT OF LAND MENTIONED.

On the Petition of Ebenezer Brewer, administrator on
the estate of Nathan Burdett deceased, praying that Elize-
beth Sumner, Administratrix on the Estate of Increase
Sumner, late of Roxbury in the County of Norfolk Esquire,
Deceased, may be impowered to make and execute a Deed
of a Tract of Land, in said Roxbury, and that the said
Ebenezer be impowered to hold and convey the same for
the benifit of the Estate of the said Nathan Burdet.

Resolved Tha[d][£] the said Elizebeth Sumner be and
hereby is impowered to make and execute a good & law-
full Deed, to the said Ebenezer Brewer, of a Certain piece
of Land in Roxbury aforsaid, bounded on a new Street
lately laid out near Mr. Stephen Hawes's called Lott
Number three, lying between two lots bought by Thomas
Williams at Vendue, being fifty feet wide on said Street,
and extending back of that width to Dudleys wall : and
that the said Ebenezer Brewer Administrator on the Estate
of Nathan Burdet, Cordwainer Deceased represented in-
solvent, be & hereby is impowered to Hold convey the
said land, & execute a good & Lawfull Deed of the Same
for the benifit of said Estate & all Concerned, and shall
hold said estate, to the same uses and purposes, and sub-
ject to the same legal operation and distribution, as tho'
the said Increase Sumner, had in his life time, conveyed
the same to the said Burdett in his life time.

March 7, 1801.

Chapter 176.

ROLL NO. 44.

The Committee on Accounts, haveing examined the ac-
counts they now present; — Report, that there are due

242 Resolves, 1800. — January Session.

to the corporations and persons hereafter mentioned, the
sums set to their names respectively, which (if allowed
and paid) will be in full discharge of said accounts to the
dates therin Mentioned.

Which is Kespectfully submitted.

ISAAC THOMSON pr. Order.

Pauper Accounts.

Dolls. Cts.

To the Town of Attleborough for boarding, Cloathing, Doc-
toring and Nurssing Hannah Jane to her death including
her funeral Expences, and Lamond Gibson to Deer. 18th
1800 188 10

To the Town of Andover for Necessaries for Phillip John-
son and Doctoring, Nurssing, and Removing him to Green-
land 22 20

To the Town of Alford for boarding, Cloathing, Nurssing

& Doctoring William Maxfield to Octr. 24th 1800 . . 55 12

To the Town of Adams for Supporting Catharine a negro

woman to Jany. 17th 1801 49

To the Town of Boxford for boarding, Cloathing & Nurs-
sing Catharine Welsh, and Mehitabel Hall, to Jany. 2d
1801 78 3

To the Town of Belchertown for boarding, Cloathing &

Nurssing Betty Demmon to Jany. 21st 1801 . . . 51 10

To the Town of Boston for Supporting Sundry paupers

from June 1st 1800 to Deer. 1st 1800 Viz. Overseers a/c . 2035 51

Selectmens a/c for boarding, Doctoring & Nursing &c. in
the Epidemick Sickness 1798 Hospatel Island . . . 495 25

2530 76

To the Town of Blanford for boarding, Cloathing, Doctor-
ing and Nurssing James Carter to Jany. 23 1801 . 82 30

To the Town of Brookfield for boarding & Cloathing Luke

Tinney and his wife, Cato Kim to Jany. 1st 1801 . . 80 99

To Josiah Bartlet for Doctoring Jonathan Nichols and his

wife to Deer. 31st 1800 .... 41 87

To the Town of Berwick for boarding Ambrose Vickery to

Feby. 1st 1801 36 40

To the Town of Boxborough for boarding & Cloathing

John Kennedy to Deer. 28th 1800 45 34

To the Town of Billerica for boarding & Doctoi'ing Thomas
Torrant, and Supplies for James Ingols & Mical Taylor
to Jany. 1st 1801 61 40

To the Town of Buckland for boarding and Cloathing John

Wilkie to Jany. 26th 1801 . 43 20

To Boothbay for boarding, Cloathing, Doctoring & Nurs-
sing John Haskins to Jany. 22d 1801 . . . . 266 92

To the Town of Beverly for Boarding, Cloathing, Doctor-
ing & Nurssing Jane McComb, Morris Nash, Matthias
Claston and Thomas Douglas to Feby. 1st 1801 . . 253

Resolves, 1800. — January Session. 243

Dolls. Cts.

To the Town of Charlestown for boarding, Cloathing &
Nurssing Jonathan Nichols and his wife to Deer. 31st
1800 272 89

To the Town of Conway for boarding & Cloathing John

Atsatt to Jany. 22d 1801 60

To the Town of Concord for boarding & Cloathing Sundry
poor debtors in Concord goal & for boarding, Cloathing,
Nurssing, & Doctoring William Shaw to Jany. 17th
1801 . 80 94

To the Town of Chelmsford for boarding & Cloathing a
boy of John McClenning, to Jany. 8th 1801 ... 30

To the Town of Coldrain for boarding, Cloathing, Doctor-
ing & Nurssing William Wilson, William Osborn &
Rachel Carr to Jany. 1st 1801 142 7

To the Destrict of Carlisle for boarding, Cloathing & Doc-
toring Robert Barber and Matthew Jemmerson to Jany.
31st 1801 86 17

To the Town of Canton for boarding, Cloathing, Doctoring
and Nurssing Cesar Scyler (a Negro) to his death includ-
ing funeral expences 61 10

To the Town of Charlton for boarding & Cloathing Thomas

Adams to Jany. 1st 1801 81 98

To the Town of Cambridge for boarding, Cloathing, Nurs-
sing & Doctoring Peggy Conden to Jany. 28th 1801 . 57 5

To the Town of Charlemont for boarding & Cloathing
Abraham Bass & Dennis Kennedy to Jany 22d 1801 . 75 88

To the Town of Duxbury for Supplies for Peggy Mitchel
to March 1800 26 16

To the Town of Durham for boarding, Cloathing & Nurs-
sing the family of John Johnson (deceasd ) to Jany. 1st
1801 135 94

To the Town of Danvers for boarding & Cloathing John

Wooden and Jerusha Bird to Feby. 3d 1801 . . . 76 59

To the Town of Dartmouth for boarding & Cloathing John
Quanawan & Mary Prince to Jany. 1st 1801 and Rachel
Carr to her death including funeral expences . . . 140 9

To the Town of Dedham for boarding, Cloathing & Doc-
toring Robert Clue, and supplies for Eleaner Carryl to
Jany. 1st 1801 79 75

To the Town of Dorchester for boarding, Cloathing Doc-
toring & Nurssing Caleb Barker, James Hilchard, Mrs.
Thornton & Betty Annis to Feby. 23d 1801 . . .166 10

To the Town of Dover for boarding, Nursing & Cloathing

Patrick Cowin to March 2d 18U1 61 94

To the Town of Egremont for boarding & Cloathing the
widow Mary Daley & her three Idiot children to Jany.
12th 1801 243

To the Town of East-Hampton for boarding, Nurssing &
Doctoring Rebeckah Gardner to the time of her death in-
cluding funeral expences 50 50

To Constant Freeman keeper of the Alms-house in Boston
to Deer. 1st 1800 150 73

To the Town of Freetown for boarding & Cloathing Francis

Brow to Feby. 14th 1801 94 24

To Austin Flint for Doctoring Noble Spencer in his last

sickness 3 40

244 Resolves, 1800. — January Session.

To the Town of Framingham for boarding, Cloathing,
Nursing & Doctoring Bennett Foster & a Child of Betty
Stephens to April 21st 1800 33

To the Town of Gran by for boarding & Cloathing Ebenr.
Derwin and John Murrey to Novr. 4th 1800 . . .102 76

To the Town of Gloucester for boarding, Cloathing & Nurs-

sing sundry pauper [s] to Novr. 10th 1800 . . . 872 17

To the Town of Greenfield for boarding, Cloathing, & Doc-
toring John Battis and Eunice Converse to Jany. 1st 1801 79 22

To the Town of Goshen for boarding, Cloathing, Doctoring,

& Nurssing Marriam Lamphire to Jany. 20th 1801 . . 100 22

To the Town of Gill for boarding Peter Mange to Jany 3d.

1801 32

To the Town of Great-Barrington for boarding, Cloathing
& Nursing Isaac Hoose, Catharine Hoose, Mary Hoose
and Tom (a Negro) and Supplies for Benjamin Worthey
to Jany. 19th 1801 including the funeral expences for said
Worthey 189 15

To the Town of Georgetown for boarding & Cloathing

Nicholas Hambary to Jany. 19th 1801 . . . . 66 20

To the Town of Groton for boarding, Cloathing, Doctoring
& Nursing John Claflin Wright, his wife and children,
John William Bentrodt his wife & Children and Edward
McLane to Jany. 10th 1801 298 69

To the Town of Granvill for boarding, Cloathing, Doctor-
ing & Nursing Thomas Williams & his wife to Jany 17th
1801 94 99

To Oliver Hartshorn for dieting sundry poor Debtors in

Boston Goal to Feby. 25th 1801 43 18

To Joseph Hodgkins keeper of the House of Correction in
Ipswich, County of Essex for boarding & Cloathing sun-
dry paupers to Jany. 18th 1801 exclusive of any allowance
from the Court of Sessions 281 45

To the Town of Hardwick for boarding, Cloathing & Doc-
toring David Chamberlain & John Veal to Deer. 28th 1800 176 8

To the Town of Hadley for boarding, Cloathing, Nursing
& Doctoring Francis Trayner, Mary Battis and Ceasor
Abberdeen (including funeral expences of said Ceaser)
to Jany. 1st 1801 152 43

To the Town of Hawley for boarding, Cloathing, Doctoring

& Nursing Thomas Oaks to Jany. 1st 1801 . . . 75 58

To the Town of Hopkinton for boarding and Cloathing

James Rouch to Feby. 1st 1801 52

To the Town of Hollewell for boarding and Cloathing
Rachel Commings and George Frost to Jany. 3d 1801, . 116 48

To the Town of Holliston for boarding and Cloathing James

L.ewis to Feby. 6th 1801 43 90

To the Town of Ipswich boarding Cloathing & Doctoring
the widow of Dennis Gullahull and William Broadbent
to Deer. 31st 1800 154 42

To the Town of Kingstown for boarding and Cloathing

Thomas Kitteridge to Jany. 15th 1801 . . . . 80 35

To John Kitteredge for Doctoring sundry paupers in the

town Newbury-Port, to Jany. 16th 1801 . . . . 174 97

To William Lyman for Doctoring Sundry paupers in the

town of York to Deer. 14th 1800 13 83

Kesolves, 1800. — January Session. 245

To the Town of Lincoln for Boarding and Cloathing Thomas

Pocock to Feby. 1st 1801 60 93

To the Town of Lyden for Supplies and Doctoring Jedediah

Fullar and his family to Jany. 19th 1801 . . . . 70 12

To the Town of Lunenburg for Boarding & Cloathing John

Kiley Feby. 9th 1801 06 32

To the Town of Lenox for Boarding, Cloathing, Nursing
and Doctoring John How, Christian Crow, Abraham
Palmer his wife and one Child to Jany. 19th 1801 . . 207 61

To Thomas Manning for Doctoring sundry paupers in the

house of Correction in Ipswich to Jany. 1st 1801 . . 37 85

To James Mann for Doctoring Peggy Taylor in Wrentham,

to Septr 2d 1800 27 71

To the Town of Marblehead for Boarding, Cloathing, Nurs-
ing and Doctoring John Corbett to his death including
funeral Expences 89 68

To the Town of Marlborough for Boarding and Cloathing

Joseph Waters to Jany. 1st 1801 6184

To the Overseers of the Marshpee Indian Plantation for
boarding and Cloathing George Holmes and George
George to Jany. 15th 1801 140 59

To Mount Desert for Boarding, Cloathing, Nursing, & Doc-
toring Charles Branscomb to March 17th 1800 ... 73

To the Town of Manchester for Boarding and Cloathing
Thomas Douglas and Caty Grovely one of the Neutral
French, to Feby. 2d 1801 including Doctr. Norwood's bill 117 75

To Caleb Mirick for Boarding & Cloathing & Expence of

Committing Thomas Robinson to the House of Correction 15 50

To the Town of Milford for Boarding & Cloathing Ebenr.
Torrey to Feby. 23d 1801 63 80

To Francis Mantor for Doctoring paupers in Williamsburgh,

to May the 7th 1800 13 50

To the Town of Mendon for Boarding & Cloathing Salley
Brown and her two Children to Jany. 3d 1801 and Sup-
plies for John Hunt to Feby. 2d 1801 . . . . 65 81

To the Town of Methuen for Supplies for Thomas Pace to

Jany. 17th 1801 42 4

To the Town of Middleborough for boarding & Nursing
Alexander Frayshor to Sept. 4th 1800 ' . . . . 89 21

To the Town of New-brantree for supporting John Mac-

mullen to July 15th 1800 including Doctrs. bill . . 6 51

To the Town of Newbury, for Boarding, Cloathing, Doc-
toring & Nursing Sundry paupers to Jany. 1st 1801 in-
cluding funeral expences 711 39

To the Town of North-Yarmouth for Boarding, Cloathing,
Doctoring & Nursing William Elwell to Feby. 20th 1801
and Paul Mushrowe to his death including funeral ex-
pence 179 86

To the Town of Norton Boarding, Cloathing & Nursing
Joseph Pratt and Pero, a Negro, to Feb}'. 2d 1801 includ-
ing Doctr. Morey's bill 159 42

To the Town of New-Sal em for Supporting two Children

of Jesse Bedient to Jany. 19th 1801 48 40

To the Town of Nantucket for boarding, Cloathing, Doc-
toring and Nursing &c. Mary McCarthy & Norry Hide
t-o Jany. 16th 1801 112 16

246 Resolves, 1800. — January Session.

Dolls. Cts.

To the Town of New-Bedford for Supplies for Edward

Miller and Patience Synal to Deer. 26th 1800 . . . 42 50
To the Town of North-Hampton for boarding, Cloathing,
Nursing and Doctoring, Samuel Green, Nancy McMullin,
and supplies for Patience Davis to Feby. 1st 1801 . . 82 32
To the Town of Newbury Port for Supporting Sundry

paupers to Deer. 31st 1800 — including Cloathing . . 625 62
To the Town of Oxford for Boarding & Cloathing Catharine

Jourden to Jany. 1st 1801 including Doctors bill . . 61 97
To the Town of Pittsfield for Boarding & Cloathing Molly
Welsh to Jany. 26th 1801 and boarding, Cloathing Nurs-
ing and Doctoring Nancy McCoy to the time of her death 99 76
To the Town of Plymouth for boarding, Cloathing, Nurs-
ing and Doctoring Nathaniel Thomas, and his wife, to
Janv. 20th 1801 & Zaehariah Eddy, a Vagrant person, to

Jany. 14th 1801 105 98

To the Town of Portland for boarding, Cloathing, Nursing
& Doctoring Sundry paupers from Jany. 10th 1800 to

Jany. 1st 1801 579 61

To the Town of Pembrook for boarding & Cloathing John

Monder to Jany. 1st 1801 64 92

To the Town of Patridgfield for boarding & Cloathing Mary

Lace to Jany. 15th 1801 89 5

To the Town of Palmer for boarding, Cloathing, Nursing &

Doctoring William Mendem to Jany. 4th 1801 . . 63 94

To the Town of Roxbury for Supporting Sundry paupers
including Boarding, Cloathing, Doctoring & Nursing to

Jany. 1st 1801 ... 612 99

To the Town of Rehoboth for Supporting, Richard Boulton

and Anna Carrol to Jany. 1st 1801 59 52

To the Town of Rutland for Supplies for Ceasor Abberdeen
and William Henderson to Jany. 19th 1801 including

Doctr. Frinks bill 57 22

To the Town of Royalston for boarding and Cloathing

Joshua Capron to Jany. 6th 1801 31

To the Town of Rowley for boarding, Nursing, Doctoring

and burying Deliah Paul 31 66

To the Town of Reading for boarding, Cloathing, Doctor-
ing, and Nursing Samuel Bancroft 96 20

To the Town of Sudbury for boarding & Nursing John

Lolley to Jany. 1801 8

To the Town of Southick for boarding & Cloathing George

Read to Jany 22d 1801 62

To the Town Swanzey for boarding & Cloathing four Illi-
gitimate Children to Deer. 6th 1800 — and three of the
same and Fenner Pierce & Esther Chui-ch to Jany. 24th
1801, and Mary Titticus to her death including funeral
expences .......... 136 88

To the Town of Stockbridge for boarding, Cloathing, Nurs-
ing & Doctoring Samuel Haney, Joseph Grant, Sarah
Hosford Sarah Huney & Henery Cole to Deer. 1st 1800
and Miss Carswell to her death including funeral expence 233 67
To the Town of Standish boarding, Cloathing, Nursing &

Doctoring Alice Noble to Novr. 29th 1800 . . . 107 24
To the Town of Scituate for boarding, Cloathing, Nursing
& Doctoring Elizabeth Breeding to Feby. 3d 1801 and
Mary Corlew to Feby. 1st 1801 and Supplies for Mason
Humble & Samuel P. Jones to Feby. 3d 1801 . . .138 52

Resolves, 1800. — January Session. 247

Dolls. Cts.

To the Town of South-Hadley for boarding, Cloathing, Doc-
toring Nursing Peter Pendergrass to Jany. 19th 1801 . 20 26

To the Town of Salem for Supporting Sundry paupers from

.June 2d 1800 to Jany. 5th 1801 including Doctoring . 1347 75

To the Town of Tyringham for Supplies for Ebenr. Ayers,
his wife and three Children and Ralf Way to Jany. 1st
1801 97 49

To the Town of Uxbridge for boarding, & Cloathing Betty
Trifle and David Mitchell to Jany. 19th 1801, including
an Allowance for boarding, Cloathing, Nursing & Doc-
toring a transient person by the Name of William
Clemmon 92 50

To the Town of Upton for boarding & Cloathing Elizabeth

Brown to Feby. 10th 1801 51 12

To Thomas Vorse, John Brown & John Balham of Planta-
tion No. 4 for supporting, (by the Request of the Select-
men of East-port) Richard Pomroy, to Novr. 1800 . . 78

To Samuel Ware Junr. for Doctox-ing Edward Burges to

Novr. 1800 . 9 32

To the Town of West-Stockbridge for Boarding and Nurs-
ing John Rowley and Jane Clark to Jany. 12th 1801 . 60 49

To the Town of Weston for Boarding, Cloathing, Nursing

& Doctoring Nancy Cornwell to Feby. 3d 1801 . . 119 79

To the Town of Washington for boarding & Cloathing

Phebe Clark to Jany. 5tii 1801 35 82

To the Town of Westborough for boarding, Cloathing &

Nursing John Scudemor to Feby. 16th 1801 ... 85

To the Town of Wrentham for boarding & Cloathing John
Harcourt, Peggy Taylor & Betsy Taylor to Jany. 1st
1801 151 60

To the Town of Westfield for boarding, Cloathing Doctor-
ing and Nursing William Davis & James Dewell to Jany.
1st' 1801 106 9

To the Town of Walpole for boarding, Cloathing, Nursing
& Doctoring Partrick Hancock, Sally Davis, Clarisa Kelly,
her child and William Wabrey to Jany. 1st 1801 . . 174 67

To the Town of Wilbraham for boarding & Cloathing John

Brow to Feby. 2d 1801 43 15

To the Town of Williamsburg for boarding, Cloathing and
Nursing John Easterwood, Peggy Easterwood and Child
to Jany. 1801 56 15

To the Town of Windsor for Supplies for Benjamin Still
and wife to Feby. 2d 1801 including funeral expences for
said Benjamin 47 99

To the Town of Western for boarding, Cloathing & Nurs-
ing John Wateley to Novr. 9th 1800 John Cain to Jany.
21st 1801 & William Johnson and his wife to Jany. 22d
1801 . 129 55

To the Town of Worcester for boarding, Cloathing, Nurs-
ing and Doctoring Andrew Donenson, to Septr. 24th 1800
Joseph King to «fany. 20th 1801 Peter Willard to Deer.
18th 1800 and Richard Hevelin to his death including
funeral expences 176 34

To the Town of Watertown for Supporting a Malatto, to

Feby. 3d 1801 . 25

To the Town of West-Springfield for boarding, and Cloath-
ing Lucy Kent, and the wife of Thomas Betty and Wil-
liam Bull to Deer. 31st 1800 100 21

248

Resolves, 1800. — January Session.

To the Town Warren for boarding & Cloathing William
Moarman to Jany. 5th 1801

To the Town of York for boarding, Cloathing & Nursing
William Kearswell, Sarah Kearswell, Elizabeth Perkins,
Mary Crocker & Abigail Chappie to Jany. 7th 1801 and
supplies for Edward Perkins and Sarah Perkins to Jany.
10th 1801

Militia Accounts. — Courts Martial and of Enquirey

To A Court Martial whereof Majr. General Simon Elliot
was President held at Watertown Deer. 2d 1800

To A Court Martial whereof Col. Denny MeCobb was
President held at Pownalborough Jany. 12th 1801 .

To A Court Martial whereof Majr. Oliver Crosby was
President held at Sturbridge April 29th 1800 .

To A Court Martial whereof Col. Silas Chapin was Pres-
ident held at Springfield Deer. 31st 1800 ...

To A Com*t of Enquirey whereof Majr. Solomon Adams
was President held at Norridgewock Feby. 26th 1800

To A Court of Enquirey whereof Majr. Ebenr. Cheney was
President held at Watertown Septr. 29th 1800 .

To A Court of Enquiry whereof Col. Jonas Lane was Presi-
dent held at Northborough July 22d 1800.

Exigence for Horses to haul Artilery &c.

To Josiah Byington for money expended for Horses to haul

Artilery &C. in Septr. 1799

To Luke Bemis for money expended for Horses to haul

Artilery &C. up to Jany 1801

To Jacob Bliss for money expended for Horses to haul

Artilery &C. up to Jany. 1801

To Jesse Doggett for money expended for Horses to haul

Artilery &C. up to Feby. 1801

To Moses Dresser for money expended for Horses to haul

Artilery &C. up to Jany. 1801

To William Eastman for money expended for Horses to

haul Artilery &C. up to Jany. 1801

To Robert Elwell for money expended for Horses to haul

Artilery &C. up to Novr. 1800

To James Fails for money expended for Horses to haul

Artilery &C. to Deer. 1800

To Nathan Harrington for money expended for Horses to

haul Artilery &C. to Septr 1800

To Jedediah Healy for money expended for Horses to haul

Artilery &C. to Octr. 1800

To John Ingorsol for money expended for Horses to haul

Artilery &C. to Jany. 1801

To John Kidder for money expended for Horses to haul

Artilery &C. to Jany. 1801

To Samuel B. Lion for money expended for Horses to haul

Artilery &0. to Octr. 1800

To James Lewis for money expended for Horses to haul

Artiler[y] &C. to Septr. 1800

206 51

18395

Polls.

3ts.

166

Dolls.

Cts.

7 50

Resolves, 1800. — '■ January Session.

249

Dolls. Cts.

To Joseph Miller for money expended for Horses to haul

Artilery &C. to Septr. 1800 17 2

To Nehemiah May for money expended for Horses to haul

Artilery &C. to Jany. 1801 8 33

To Sylvester Procter for money expended for Horses to

haul Artilery &C. to Novr. 1800 7 50

To Benjamin Somerly for money expended for Horses to

haul Artilery &C. to Jany. 1800 15

To Solomon Severance for monev expended for Horses to

haul Artilery &C. to Octr. 1800" 4

To Benjamin Spear for money expended for Horses to haul

Artilery &C. to Novr. 1800 4 33

To Robert Gardner for money expended for Horses to haul

Artilery &C. to July 5th 1800 29 50

To John Bray for money expended for Horses to haul Ar-
tilery &C. Feby. 1801, 12

To Oliver Johonnot for money expended for Horses to haul

Artilery &C. to Jany 1801 . . ... 33 50

To V\ illiam Donnison Adjt. General, for his Services to

Jany. l«()l 633 33

To William Hunt Aid de Camp, for his Services to Jany.

19th 1801 63 82

To Nathan Hayward Aid de Camp, for his Services to Jany.

1st 1801 39 33

Briga[g~] [d]e Majors.

Dolls, cts.
To James Ayers Brigade Majr. for his Services to Feby.

7th 1801 ... 68 87

To Jeremiah Clapp Brigade Majr. for his Services to Feby.

26th 1801 145 15

To Medad Dickinson Brigade Majr. for his Services to

Jany. 30th 1801 45 5

To Stephen Dewey Brigade Majr. for his Services to Jany.

1801 * 25 13

To Barzillai Gannett Brigade Majr. for his Services to

Jany 23d 1801 28 57

To William Hinkley Brigade Majr. for his Services to Jany.

3d 1801 13 66

To Samuel Howard Brigade Majr. for his Services to Deer.

1800 152 91

To William Jackson Brigade Majr. for his Services to Jany.

1801 46 12

To William Jefferd Brigade Majr. for his Services to Jany.

29th 1801 43

To Jacob Mann Brigade Majr. for his Services to Jany. 1st

1801 88 49

To Sylvester Osborn Brigade Majr. for his Services to Feby.

11th 1801 85 20

To Merrick Rice Bi-igade Majr for his Services to Feby.

1800 61 25

To William P. Rider Brigade Majr. for his Services to July

30th 1800 . 32 15

To William Sever Brigade Majr. for his Services to Novr.

5th 1800 48

To John Taylor Brigade Majr. for his Services to March

2d 1801 . 57 90

250

Resolves, 1800. — January Session.

Dolls. Ctl.

To Seth Tinkham Brigade Majr. for his Services to Feby.

16th 1801 ... 46 80

To Samuel Thayer Brigade Majr. for his Services to Feby.

1801 46 32

To Robert Wheeler Brigade Majr. for his Services to Jany.

24th 1801 16 16

To Sampson Woods Brigade Majr. for his Services to Feby.

12th 1801 . . . 54 67

Adjutants.

Dolls. Cts.

To Nehemiah Abbot Adjt. for his Services to July 16th 1800 16 35

To John Adams Adjt. for his Services to Jany. 19th 1801 . 14 98

To Matthias Blossom Adjt. for his Services to Deer. 1800 . 26 65
To Isaiah Byington Adjt. for his Services to March 16th

1799 3 17

To the Estate of Thomas Baker Adjt., deceasd., for his Ser-
vices to June 1st 1799 8 27

To Peter Butlar Adjt. for his Services to Jany. 10th 1801 . 23 99

To Aaron Brooks Adjt. for his Services to Jany. 1801 . . 15 90

To William Bull Adft. for his Services to Jany. 1801 . . 10 13

To David Boutill Adjt. for his Services to Octr. 1799 . . 17 64

To Aaron Burt Adjt.' for his Services to Octr. 1800 . . 11

To William Bridge Adjt. for his Services to Feby. 1801 . 52 13

To Peter Clark Adjt. for his Services to Feby. 18th 1801 . 37 73

To Walter Dickson Adjt. for his Services to Feby. 14th 1801 16 8

To Russell Dewey Adjt. for his Services to Jany. 1801 . 23 12

To Samuel Field Adjt. for his Services to Feby. 1801 . . 10 95

To Joseph Farley Adjt. for his Services to Jany. 1st 1801 . 21 68

To Abraham Fuller Adjt. for his Services to Jany 1801 . 13 29

To Levi Fairbank Adjt. for his Services to Feby. 1800 . 9 27

To Seth Field Adjt. for his Services to Novr. 1800 . . 12 88

To William Gould Adjt for his Services to Jany. 1st 1801 . 32 9

To Thomas Goodwin Adjt. for his Services to Novr. 1800 . 12 84

To Cyrus Hosmer Adjt. for his Services to Feby. 17th 1801 13 50

To Ebenr. Heath Adjt. for his Services to Jany. 1801 . . 20 22

To Timothy Hopkins Adjt. for his Services to Octr. 1800 . 20 25

To Caleb Howard Adjt. for his Services to Novr. 1800 . 18 70
To Jacob Haskell Adjt. for his Services to Septr. 9th

18O[1][0] 7 55

To Cyrus Keith Adjt. for his Services to Novr. 6th 1800 . 41 56

To Joseph Morse Adjt. for his Services to Novr. 11th 1800. 11 5

To John Merrell Adjt. for his Services to Jany. 23d 1801 . 15 91

To Abel Morse Adjt. for his Services to Feby. 2d 1801 . 8 29

To Herbert Moore Adjt. for his Services to Novr. 1800 . 14 25

To Daniel Nash Adjt." for his Services to Feby. 1801 . . 8 89

To John Nye Adjt. for his Services Jany. 1801 . . . 12 40

To Jeremiah O'Brian Adjt for his Services to Deer. 15th 1800 33 5

To Benjamin Poor Adjt for his Services to Feby. 6th 1801 23 84

To Daniel Philbrook Adjt. for his Services to Jany. 1801 . 16 36

To Esaias Preble Adjt. for his Services to Jany. 9th 1801 . 3 31

To Isaac Patten Adjt. for his Services to Septr. 1800 . . 15 81

To George Russell Adjt. for his Services to Jany. 1801 . 19 73

To Daniel Sweet Adjt. for his Services to Feby. 14th 1801 . 6 55

To John Sarjeant Adjt. for his Services to Novr. 1800 . . 17 60

To George Stanley Adjt. for his Services to Novr. 1800 , 9 43

Kesolves, 1800. — January Session.

251

To Erastus Smith Adjt. for his Services to Deer. 1800 .

To Timothy Spanieling Adjt. for his Services to Septr. 1800

To Samuel Satterlee Adjt. for his Services to Novr. 1800 .

To Henery Sweet Adjt. for his Services to Deer. 17th 1800

To Quartus Stebbins Adjt. for his Services to Deer. 1800 .

To Nicholas Smith Adjt. for his Services to Jany. 1801

To John Tolman Adjt. for his Services to Feby. 18th 1801 .

To Silas Winchester Adjt. for his Services to Jany. 1801

To Daniel Ware Adjt. for his Services to Jany. 1801 .

To David White Adjt. for his Services to Jany. 19th 1801 .

To Nathaniel Whitliier Adjt. for his services to Jany. 29th
1801

To John Wasson Adjt. for his services to Deer. 29th 1800 .

To Timothy Whiting Adjt. for his services to Jany. 28th
1801

To the Board of Officers, appointed to determine the rela-
tive Rank of the Majr. Generals of the first, second &
third Divisions of Militia which sat in Boston April 16th
& 17th 18U0, being omitted in their Pay Roll Viz.

To Nathaniel Goodwin 12 ^

To Ebenezar Mattoon
To John Cutlar
To Silas Cobb
To John Whiting .

25 33

18 67

7 7

Dolls.

Cta.

7;".

'.)2

24 43

71 15

3513 2

Miscellaneous.

Dolls. Cts.

To John Boyl for Stationary for the Adjt. General's office
and the Commissioners for quieting Settlers on the Waldo
pattent to Deer. 31st 1800 123 62

To John Whiting for 250 Blank Books delivered into the

Adjt. General's Office for the use of the Militia in 1800 . 83 34

To Joseph How for Repairing State house, Lamps &C. to

Feby. 23d 1801 2 24

To the Estate of John Sprague Esqr. deceasd. a ballanc
due for his services in quieting Settlers on the Waldo
Patten [£,] so called, over and above one third part of one
Thousand dollars granted to him, Nathan Dane & Enoch
Titcomb, by two Resolves passed March 9th 1797 and
June 27th 1798 101 20

To Wheeler & Lincoln for erecting three Houses on Rains-
ford's Island by order of the Board of Hea[7]th agreable
a Resolve of the General Court 962 18

To Peleg Coffin Esqr. Treasurer for money expended for
Oil for Lamps Standard Measures for the Commonwealth
& Postage &C. to Feby. 28th 1801 148 32

To Ephraim Williams Esqr. for time and expence in pro-
curing further evidence Respecting William Towner by
order of the General Court 12 28

To Jonathan Hastings for Postage of Letters and packets
to December 31st 1800 58 33

To Francis L. Goodwin for his services in taking care of

the Indian Lands &c. at Penobscot — to June 5th 1800 . 55

252 Kesolves, 1800. — January Session.

Dolls. Ctg.

To Thomas Dawes & John Coffin Jones for their services
in examining and adjusting the Treasurer1] s of the Com-
monwealths accounts from the first day of July 1799 to
the first day of July 1800 inclusive, defacing such Notes,
due bills, and oi'ders as were redeemed within the said
time agreable to a Resolve passed in June last $35 each . 70

To Josiah Gilman for Amputating the hand &C. of Jonathan

Young Junr 32

To Joshua Holt for boarding & Cloathing Levi Konkepot

to March 1st 1801 63 85

To Josiah Wheeler for repairs of the New State House to

Novr. 6th 1800 8 87

To Thomas Spear for taking care of Hospital Island to

Feby. 14th 1801 44 44

To Thomas Wallcot for Services renderd. by request of
the Electors for President & Vice President in Deer. 1800 4

To Sylvanus Lapham for his services assisting the Mes-
singer of the General Court from Jany. 19th to March
7th 1801 inclusive 73 50

To Daniel Cowin for his services assisting the Messeng[er]
of the General Court from Jany. 20th to March 7th 1801
inclusive 71 75

To Daniel Hoston, Coroner, for expence taking Inquisi-
tion on the body of Naham Sawyer of Dover state of
New-Hampshire 17 76

Sheriffs.

1932 68

Dolls. Cts.

To John Cooper for Retur[n]ing Votes for Representative
to Congress Deer. 1800 61 66

To Arthur Lithgow for Returning Votes for Governor &C.

and for Representative for Congress — to Jany. 16th 1801 46 80

To Thomas Phillips for Returning Votes for Governor &C.

and for Representative for Congress — to Jany. 1801 . 74

To Ichabod Goodwin for Returning Votes for Governor

&C. and for Representative for Congress to Jany. 1801 . 26 73

To Joseph Dimmik for Returning Votes for Representative

to Congress to Jany. 1800 13 33

To Baley Bartlett for Returning Votes for Governor &C.
and distributing precepts and Returning Vote for Repre-
sentatives to Novr. 11th 1800 26 56

To Joseph Hosmer for money paid for apprehending, upon
advertizement, four persons which broke Goal on the 16th
of Septr. last, and for distributing precepts and Return-
ing Votes for Representative for Congress — to Jany. 1801 94 64

To Simon Learned for Returning Votes for Representative

to Congress— to Feby. 1801 23 33

To John Wait for Retur[n]ing Votes for Governor &C.

and for Representative to Congress — to Feby. 24th 1801 32 6

To Edmond Bridge for Returning Votes for Representative

to Congress — to Novr. 30th 1800 30 33

To John Gardner for Returning Votes for Governor &C. to
Jany. 1801 . 10 80

440 24

Resolves, 1800. — January Session. 253

Printers.

Dolls. ct«.
To Young & Minns Printers for the General Court — to

Feby. 26th 1801 717 74

To William Butlar for Publishing Acts & Resolves to Feby.

1st 1801 33 33

To Ashley & Brewer (Springfield) for publishing Acts &

Resolves to Jany. 9th 1801 16 67

To Isaiah Thomas Worcester for publishing Acts and

Resolves to Feby. 21st 1801 33 33

To David J. Waters for publishing Acts & Resolves (in the

Castine Journal) to Jany. 9th 1801 33 33

To Herman Mann for publishing Acts & Resolves in the

Dedham paper to Deer. 7th 1800 16 67

Convicts.

851 7

Dolls. Cts.

To Jeremiah Staniford, under keeper of the Goal, County
of Essex, for dieting & Cloathing, Samuel Walker, from
Castle Island, to Feby. 14th 1801 63 17

To Nathan Heard (under keeper of the Goal County of
Worcester) for dieting, Cloathing & Nursing &c Eli
Page, from Castle Island, to Jany. 21st 1801 . . . 77 78

To Oliver Hartshorn (under keeper of the Goal, County of
Suffolk) for dieting and Cloathing, Charles Blade, Elisha
Dillingham and Sampson Freeman from Castle Island,
to Feby. 25th 1801 220 65

To John Richardson under keeper of the Goal County of
Middlesix, for Supporting, William Dexter, Thomas Kim-
ball, Garus Proctor, Isaac Moore, Ezekiel Salmon, David
Chandler, and Eli Blackman to Feby. 3d 1801 . . .325 99

To Oliver Fisk for Doctoring Convicts in Worcester Goal

to Jany. 23d 1801 34 23

Aggregate of Boll No. 44.

Expences of State Paupers
Do. Militia

Do. Miscellaneous

Do. Sheriffs .

Do. Printers

Do. Convicts

Total ........ 25854 52

Resolved, that there be allowed and paid out of the
Public Treasury, to the Several corporations and persons
mentioned in this Roll, the sums set against such corpo-
rations and persons respectively, amounting in the whole
to twenty five Thousand eight hundred, fifty four dollars
and fifty two cents, the same being in full discharge of
the Accounts and demands to which they refer.

March 7, 1801.

721 82

. 18395 69

. 3513

. 1932

. 440

. 851

. 721

ACTS

AND

LAWS

OF THE

COMMONWEALTH

MASSACHUSETTS.

BOSTON :

Printed by YOUNG & MINNS,
Printers to the Honorable the General Court of the Commonwealth.

M,DCCCI.

Reprinted by Wright & Potter Printing Company, State Printers.

1897.

ACTS AND LAWS

PASSED BY THE GENERAL COURT OF MASSACHUSETTS, AT
THE SESSION BEGUN AND HELD AT BOSTON, IN THE
COUNTY OF SUFFOLK, ON WEDNESDAY, THE TWENTY-
SEVENTH DAY OF MAY, ANNO DOMINI 1801.

1801. — Chapter 1.

[May Session, ch. 1.]

AN ACT ALTERING THE TIMES OF HOLDING THE COURTS IN
THE COUNTIES OF HAMPSHIRE AND BERKSHIRE.

Sect. 1. Be it enacted by the Senate and House of
Representatives in General Court assembled, and by the
authority of the same, That from and after the passing of ^giuiimi'
this Act, the Supreme Judicial Court shall be holden in Judicial court

■ i • -r» i i • e .in Berkshire

the Counties of Hampshire and Berkshire as follows, viz ; and Hampshire
in the County of Berkshire on the second Tuesday of
September instead of the first Tuesday of the said month,
and in the County of Hampshire on the third Tuesday of
September instead of the second Tuesday of the same
month.

Sect. 2. Be it further enacted, That all writs, recog- writs, &c.

J ' n . ~ referred to the

nizances, warrants, complaints, appeals, and every other new times of
matter and thing which before the passing of this act court!8
might, or should be returned to, or entered at the Court
aforesaid, at the times heretofore appointed for holding
the same, and which are hereby altered ; and all parties
and persons which have been or may be required or
directed to appear and attend at the aforesaid times, and
all actions, suits and matters which may be pending in the
said Courts at the times aforesaid, shall be returned to,
entered at, appear, attend, have day, and be tried and
determined in the said Courts at the times appointed by

258 Acts, 1801. — Chapter 2.

this Act for holding the same, according to the true intent
and meaning thereof.
conrt°offc!m-g Sec. 3. Be it further Enacted, That so much of an
BerkEco. Act, P^sed at tne last session of the General Court, as
changed. relates to the time of holding the Courts of Common pleas,

and Courts of General Sessions of the peace within and
for the County of Berkshire on the first Monday of July,
be, and the same is hereby repealed and made null and
void, and that all writs, recognizances, complaints, ap-
peals, and every other matter & thing which before the
passing of this act might or should be returned to or
entered at the same Courts, or either of them, on the first
Monday of July next ; & all parties and persons which
have been, or may be required or directed to appear and
attend at that time, and all actions and suits commenced,
or which may be commenced, returnable to either of the
same Courts at that time ; and all matters that are or may
be pending in the same, shall be returned to, entered at,
appear, attend, have day, and be heard and tried in the
same Courts on the second Monday of October next,
court of c°omng Sec. 4. And be it further enacted, that the Court of
HamPBhireCo C°mmon pleas, and Court of General Sessions of the Peace
changed. for the County of Hampshire, shall hereafter be holden on

the third Monday of January annually, instead of the first
Monday of February. Approved June 13, 1801.

1801. — Chapter 2.

[May Session, ch. 2.]

AN ACT REPEALING PART OF AN ACT PASSED THE FIRST DAY
OF MARCH, ONE THOUSAND SEVEN HUNDRED & NINETY
EIGHT, UNTITLED, "AN ACT FOR THE PRESERVATION OF
THE FISH CALLED SALMON, SHAD & ALEWIVES IN THE
RIVERS, STREAMS & WATERS, WITHIN THE COUNTIES OF
LINCOLN AND CUMBERLAND — & FOR REPEALING ALL OTHER
LAWS HERETOFORE MADE FOR THAT PURPOSE, SO FAR AS
RESPECTS THEIR OPERATION IN SAID COUNTIES."

Be it enacted by the Senate and House of Representa-
tives, in General Court Assembled, and by the Authority
of the same, That the said Act be, and the same hereby
is repealed, so far as it respects Pesumpscot River, in the
said County of Cumberland. Approved June 13, 1801.

Acts, 1801. — Chapter 3. 259

1801. — Chapter 3.

[May Session, ch. 3.]

AN ACT TO REGULATE THE ALEWIVE FISHERY IN THE BROOK
RUNING OUT OF WAKEPEE POND SO CALLED INTO THE SEA,
IN THE INDIAN PLANTATION CALLED MARSHPEE IN THE
COUNTY OF BARNSTABLE.

Sect. 1. Be it enacted by the Senate & House of
Representatioes in General Court assembled & by the
authority of the same, that the Overseers of the Indian Persons to be
Plantation of Marshpee, or any two of them, shall annually Tnsp^ct'the'0
appoint one or more suitable person or persons, to inspect brook>&c-
said brook, and to open, or cause to be opened, a sufficient
passage way for the fish to pass & repass, through any
Mill dams that now are, or may be hereafter erected, Pro-
vided the owners of any such dams shall refuse or neglect
to open such sufficient passage way themselves, and cause
the same to be kept open, from the first day of April to
the twenty fifth day of May annually, and to prevent any
wears, or obstructions, of any kind, which may be made
across said brook or any part thereof, which may impede
the passage of said Fish. And said Committee shall reg-
ulate the times and places for taking said fish, giving liberty
to the Indian Inhabitants to take as many of said fish as
may be needful for their own Use.

Sect. 2. Be it fiirther enacted that if any person or Penalty for
persons shall erect any wear, or obstructions of any kind, passage'oTthe6
across said brook, so as to obstruct the passage of said flsh-
fish, he or they so offending, shall forfeit & pay a sum not
exceeding ten Dollars, nor less than three Dollars for each
offence.

Sect. 3. Be it further enacted that any person not an Price of the
Inhabitant of the said Plantation, who is desirous of pur- 8 reguate '
chasing any of said fish, such person shall pay a sum not
exceeding twenty five cents, for each hundred to be deliv-
ered them by such person or persons as the said Commit-
tee shall appoint, and the proceeds of the same shall be
applied to the exclusive benefit of the said Indian & Mulatto
Inhabitants of said Plantation.

Sect. 4. And be it further enacted that all forfeitures Recovery and
&, penalties, which may be incurred by any breach of this oifineP8riation
Act, shall be recovered by any one or more of the said
Board of Overseers of the said Indian Plantation, in any

260

Acts, 1801. — Chapter 4.

Court in the said County of Barnstable proper to try the
same. And all such forfeitures shall be applied to the
exclusive benefit of the said Indian and Mulatto Inhab-
itants of the said plantation of Marshpee.

Approved June 13, 1801.

Preamble.

In case of logs,
&c. being
carried on to
improved lands
&c. by floods.

In case of logs,
&c. being
carried on to
unimproved
lands.

1801. — Chapter 4.

[May Session, ch. 4.*]

AN ACT IN ADDITION TO AN ACT ENTITLED, "AN ACT TO
SECURE TO OWNERS THEIR PROPERTY IN LOGS, MASTS,
SPARS & OTHER TIMBER, IN CERTAIN CASES."

Wliereas the Act aforesaid passed the twenty second day
of February seventeen hundred & ninety four, is found by
its operation to be insufficient to answer the purposes in-
tended thereby, so far as it respects Saco River in the
County of York.

Sect. 1. Be it enacted by the Senate and House of
Representatives in General Court assembled, and by the
authority of the same, That when any log or logs, masts,
spars or other timber shall be carried by the floods, into
any improved lands adjoining said rivers, the ponds,
streams, or waters runing into the same rivers, or form-
ing a part thereof, the owner or owners of such log or
logs, mast, spar or other timber, may, at any time within
three years, lawfully remove the same from said lands, on
tendering or paying to the proprietor or possessor of the
land, such reasonable damages as may be occasioned by
such log mast or spar lying on said improved lands, and
by such removal ; and if the owner or owners of such logs,
masts, spars or other timber shall not appear and take the
same from such lands within the same term of three years
or otherwise agree with the proprietors or possessors of
such lands, then the same logs, masts, spars or timber
shall be deemed the property, and wholly at the disposal
of such owner or possessor of said lands.

Sec. 2d. Be it further enacted, That when any log or
logs, mast, spar or other timber shall be carried by the
floods into any unimproved lands adjoining said river the
ponds, streams, or waters running into the same river or
forming part thereof, the owner or owners of such log or
logs, mast, spar or other timber, may at any time law-
fully remove the same from the said land, on tendering

* Erroneously numbered chapter 3 in session pamphlet.

Acts, 1801. — Chapter 5. 261

or paying to the proprietor or possessor of the land such
reasonable damages as may be occasioned by such log mast
or spar, and the removal of the same.

Sec. 3d. Be it further enacted, that if any person or Penalty for
persons shall fraudulently mark anew any log or logs, markinglogs,
mast spar or other timber put into any of the rivers, &c<
streams or ponds of Saco river, on conviction thereof
such offender or offenders shall forfeit and pay a fine of
six Dollars for each log, mast, spar or other timber, the
mark whereof he or they shall be convicted of having so
marked anew ; and shall be further liable to pay to the
owner or owners of such log, mast, spar or other timber
treble the value thereof, which fine and treble value shall
be recoverable by such owner or owners by action of tres-
pass on the case in any Court proper to try the same, with
legal costs of suit.

Sec. 4. Be it further enacted That any log or logs, Logs, &c.
mast, spar, or other timber which may be stopped in Saco aruffclai ob.
river, by any artificial obstruction in or across said river, o'eremoved?37
may be removed by the owner or owners thereof: Pro-
vided that nothing in this act shall extend to such logs,
masts, spars or other timber, as now are, or may be for-
feited before the passing of this Act, agreeably to the Act
to which this is in addition.

Sec. 5th. Be it further enacted, That the fourth sec-
tion in the act to which this is in addition, so far as it
respects Saco river, be, and it is hereby repealed.

Approved June 16, 1801.

1801. — Chapter 5.

[May Session, ch. 5.]

AN ACT IN ADDITION TO AN ACT, ENTITLED AN ACT FOR IN-
CORPORATING ISRAEL WATERS & OTHERS, INHABITANTS OF
THE TOWN OF CHARLTON, INTO A RELIGIOUS SOCIETY BY
THE NAME OF THE PROPRIETORS OF THE NEW CONGRE-
GATIONAL CENTRE MEETING HOUSE IN CHARLTON; AND
FOR REPEALING TWO ACTS HERETOFORE MADE FOR IN-
CORPORATING THE CONGREGATIONAL CHURCH IN SAID TOWN,
PASSED MARCH THE THIRD, SEVENTEEN HUNDRED AND
NINETY EIGHT.

Sec. 1. Be it enacted by the Senate and House of
Representatives , in General Court assembled, and by the
authority of the same, That the fourth Section of said Act Part of former

, o 1 i • li act repealed.

be & hereby is repealed.

262

Acts, 1801. — Chapters 6, 7.

The raising of
money author-
ized and regu-
lated.

Sec. 2. And be it further enacted, That said Proprie-
tors at any meeting regularly called for that purpose, may
by a major vote of the Proprietors, voting by shares, no
share having more than one vote, raise such sum of money
as they shall judge necessary for the maintenance of pub-
lic worship, and other exigencies, and may assess the same
on the respective shares or pews, in such way as a major
part of said Proprietors shall direct, or on the polls and
real and personal estate of said Proprietors, according to
the valuation by which the State and Town taxes are
assessed next preceding such assessment ; and each Pro-
prietor holding more than one share shall be assessed to the
full amount of his poll or polls, real and personal estate
for each share. And if any proprietor shall neglect for
the space of sixty days beyond the time appointed for the
paying of any assessment, he or she shall forfeit his or her
share or shares, right or rights so neglected, to be disposed
of according to the bye laws of said proprietors, and at the
pleasure of the same. Approved June 16, 1801.

Appointment
of Clerks of
Supreme Judi-
cial Court in
Lincoln, Han-
cock and Ken-
nebeck Cos.

1801. — Chapter 6.

[May Session, ch. 6.]

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT IN
ADDITION TO AN ACT ESTABLISHING A SUPREME JUDICIAL
COURT WITHIN THIS COMMONWEALTH."

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the Authority
of the Same, That the Supreme Judicial Court shall have
the same power and Authority to remove & appoint Clerks
in the Counties of Lincoln, Hancock and Kennebeck, as
they have by the Law, to which this is an Addition in the
other Counties, within this Commonwealth, where the said
Courts are holden. — And the Clerk to be appointed for
the County of Hancock, shall be Clerk of the Supreme
Judicial Court for the Counties of Hancock and Washing-
ton . Approved June 16, 1 801 .

Preamble.

1801. — Chapter 7.

[May Session, ch. 7.]

AN ACT FOR THE PRESERVATION OF A CERTAIN TRACT OF
SALT MARSH, LYING IN THE TOWNS OF SCARBORO', IN THE
COUNTY OF CUMBERLAND, & PEPPERRELBORO', IN THE
COUNTY OF YORK.

Whereas great injury is done to a certain tract of
Marsh lying in the towns of Scarboro', in the County of

Acts, 1801. — Chapter 7. 263

Cumberland, and Pepperelbord1 , in the County of York,
bounded North- Easterly by Scarboro\ or Black-point river,
Westerly, by the upland of Blue-point and Old-Orchard,
so called, in said Pepperelboro\ and Southeasterly by Pine-
point and the Sea; — by reason of sundry ill disposed per-
sons turning out their Cattle, horses, & swine to feed on
said Marsh: Therefore,

Sect. 1. Be it enacted by the Senate <& House of
Representatives, in General Court assembled, and by the
Authority of the same, That from and after the first day Penalty for
of August next, any person who shall turn out his horses, catueD,8&c?on
cattle, or Swine, to go at large on said Marsh, or Pine- the mar8h- &c-
point, or the beach, or seaflats leading thereto, shall for-
feit & pay, for each & every such offence, a fine of ten
dollars, to be recovered by an Action of debt ; and every
person whose horses, cattle, or swine as aforesaid, are found
going at large on said marsh, pine point, the beach, or Sea
flats, as aforesaid, shall be liable to a fine of one Dollar
for each and every creature, as aforesaid, thus found going
at large ; one moiety of the fines aforesaid to accrue to the
owners of said Marsh, and the other moiety to the person
or persons who shall sue for the same.

And Whereas, between the aforesaid tract of marsh, and
the sea, there interposes a sandy ridge of land, terminating
in what is called pine-point, which ridge is chiefly covered
with a thick growth of Pines and Shrub bushes, the only
barrier against the inroads of the Sea, and which prevents
the sand from shifting and blowing over said marsh, and
thereby entirely destroying the same : Therefore,

Sect. 2. Be it further enacted, That every person, Penalty for
whether he be an owner in said tract of marsh, or ridge trees?g
of land aforesaid, or not, shall be subjected to a fine of ten
dollars, for each & every tree, he may cut down, or other-
wise destroy on said ridge of land, or any part thereof;
provided it is done without the consent of a major part of
the aforesaid owners first had & obtained ; each moiety of
the fines which may accrue in consequence hereof, to be
recovered and appropriated, as in the first section of this
Act is provided. Approved June 18, 1801.

264

Acts, 1801. — Chapter 8.

Treasurer of
Andover Pro-
prietors to pay
over half the
money &c. for
the support of
the Free school
in the North
parish in An-
dover.

Trustees incor-
porated, em-
powered and
directed.

1801. — Chapter 8.

[May Session, ch. 8.]

AN ACT DIRECTING THE USE AND APPROPRIATION OF PART
OF THE MONEY, ARISING FROM THE SALE OF THE COMMON
& UNDIVIDED LANDS, OF THE PROPRIETORS OF THE TOWN
OF ANDOVER, AND FOR OTHER PURPOSES THEREIN MEN-
TIONED.

Section 1. Be it enacted by the Senate & House of
Representatives, in General Court assembled, & by the
authority of the same, That the Treasurer of the Proprie-
tors of the township of Andover, and his successors in
said Office, shall pay over and deliver one half of all the
monies and estate which now is, or hereafter may be, in
his hands as such Treasurer, unto the reverend William
Sy mines, the revd. Doctor Thomas Barnard, Nathaniel
Lovejoy Esqr., Doctor Thomas Kitteridge, revd. Peter
Eaton, Isaac Osgood, Esqr., Doctor George Osgood, Dea-
con John Adams, Deacon Benjamin Farnum, and Mr.
Ebenezer Stevens, who are hereby appointed and consti-
tuted Trustees thereof, and whose duty it shall be, and
they are hereby authorized to lay out, expend, and appro-
priate the income and interest thereof to the instruction
of Youth of both sexes, in reading, writing, and Arith-
metic, in the free School, which is already established &
erected in the North-Parish of said Andover, in such man-
ner, as the said Trustees may think most conducive to the
Public good.

Section 2. Be it further enacted, That the said Trus-
tees, be, and hereby are incorporated into a body Politic,
by the name of The Trustees of the Free School in the
North Parish in Andover. And said Trustees & their
successors shall have One Common Seal, which they may
break, alter, & renew at pleasure ; And four of said
Trustees shall constitute a quorum for doing business,
and they may sue & be sued in all Actions real, personal
& mix'd, & prosecute & defend the same to final judg-
ment & execution by the name of the Trustees of the Free
School in the North Parish in Andover. And said Trus-
tees shall have power and authority to elect a President,
Treasurer, & such other officers as they shall judge neces-
sary & convenient ; and to make & ordain such laws,
rules, & orders for the good government of said School,
as to them, the Trustees aforesaid, and thier successors,
shall, from time to time, seem requisite ; Provided, That

Acts, 1801. — Chapter 9. 265

said rules, laws, and orders be not repugnant to the Laws
of this Commonwealth.

Section 3. Be it further enacted, That the Trustees Trustees may
aforesaid, be, and they nereby are rendered capable in &cc.eveg "'
Law, to take and receive by gift, grant, devise, or be-
quest, or otherwise, any Lands, tenements, or other estate,
real & personal, which has been, or may in future be granted
for the benefit of said Free School, — Provided the annual &Xd.lncome
income thereof, shall not exceed the sum of One thousand
dollars, to have & to hold the same under such provisions
& limitations as may be expressed in any Deed or convey-
ance to them made by the donor or donors ; and that all
deeds & instruments, which the said Trustees shall lawfully
make, shall, when made in the name of said Trustees and
signed and delivered by the President and sealed with
their common Seal, bind the Trustees, and their succes-
sors, and be valid in Law.

Section 4. Be it further enacted, That the aforesaid meetings'.
Trustees, shall have full power & authority to determine
at what times & places their meetings shall be holden &
upon the manner of notifying the Trustees to convene at
such meetings ; and the said Trustees shall have full power
and authority to determine & prescribe from time to time,
the powers & duties of their several Officers, and to fix
and determine the tenures of their respective offices.

Section 5. Be it further enacted, That on the death vacancies to
or resignation of any of the Trustees, they shall, from time
to time, choose some suitable person to fill the vacancy
occasioned thereby.

Section 6. And be it further enacted, That Nathaniel FirBt meetins-
Lovejoy, Esqr. be, and he is hereby authorized & empow-
ered to fix the time and place of holding the first meeting
of said Trustees, and to notify them thereof.

Approved June 18, 1801.

1801. — Chapter 9.

[May Session, ch. 9.]

AN ACT DIRECTING THE USE AND APPROPRIATION OF PART
OF THE MONEY ARISING FROM THE SALE OF THE COMMON
AND UNDIVIDED LANDS OF THE PROPRIETORS OF THE TOWN
OF ANDOVER, AND FOR OTHER PURPOSES THEREIN MEN-
TIONED.

Sec. 1. Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by the

266

Acts, 1801. — Chapter 9.

Treasurer of
Andover Pro-
prietors to pay
over half the
money &c. for
the support of
Free schools in
the South par-
ish in Andover.

Trustees incor-
porated, em-
powered and
directed.

Trustees may
receive gifts,
&c.

Annual income
limited.

authority of the same, That the Treasurer of the Proprie-
tors of the township of Andover, and his successors in
said Office, shall pay over and deliver one half of all the
monies and estate which now is, or hereafter may be,
in his hands as Treasurer, unto John Lovejoy Abbot,
esqr., Captain Jonathan Abbot, Mr. Joshua Chandler,
Mr. Timothy Abbot, Captain Benjamin Jenkins, Captain
Zebediah Holt, and Mr. James Bailey, who are hereby
appointed and constituted Trustees thereof, and whose
duty it shall be, and they are hereby authorized to lay
out, expend and appropriate the income and interest
thereof to the instruction of youth of both sexes, in read-
ing, writing and arithmetic in the Free Schools which are
already, or may hereafter be established and erected in
the South Parish of said Andover, in such manner as the
said Trustees may think most conducive to the public
good.

Sec. 2. Be it further enacted, That the said Trustees
be, and hereby are incorporated into a body politic by the
name of The Trustees of the Free Schools in the South
Parish in Andover; and said Trustees and their Succes-
sors shall have one common seal, which they may break,
alter and renew at pleasure, and four of said Trustees shall
constitute a quorum for doing business, and they may sue
& be sued in all actions real, personal & mix'd, & prose-
cute & defend the same to final judgment & execution, by
the name of the Trustees of the Free Schools in the South
Parish in Andover. And said Trustees shall have power
and authority to elect a President, Treasurer, and such
other Officers as they shall judge necessary and conve-
nient, and to make and ordain such laws, rules and orders
for the good government of said Schools as to them, the
Trustees aforesaid, and their successors, shall, from time
to time, appear requisite : Provided, That said rules, laws
and orders be not repugnant to the laws of this Common-
wealth.

Sec. 3d. Be it further enacted, That the Trustees afore-
said be, and they hereby are rendered capable in law to
take and receive by gift, grant, devise or bequest, or other-
wise, any lands, tenements or other estate, real and per-
sonal, which has been, or may in future be granted for
the benefit of said Free Schools ; provided the annual
income thereof shall not exceed the sum of One thousand
Dollars, to have and to hold the same under such provi-

Acts, 1801. — Chapter 10. 267

sions and limitations as may be expressed in any deed or
conveyance to them made by the donor or donors, and
that all deeds and instruments, which the said Trustees
shall lawfully make, shall, when made in the name of said
Trustees, and signed and delivered by the President, and
sealed with their common Seal, bind the said Trustees
and their successors, and be valid in law.

Sec. 4. Be it further enacted, That the aforesaid Trus- Trustees'
tees shall have full power and authority to determine at meetng8-
what times and places their meetings shall be holden, and
upon the manner of notifying the Trustees to convene at
such meetings ; and the said Trustees shall have full power
and authority to determine and prescribe, from time to
time, the powers & duties of their several Officers, and to
fix and determine the tenures of their respective offices.

Sec. 5th. Be it further enacted, That on the death or vacancies to be
resignation of any of the Trustees, they shall, from time
to time, choose some suitable person to fill the vacancy
occasioned thereby.

Sec. 6. And be it further enacted, That John Lovejoy First meeting.
Abbott, Esqr. be, and he is hereby authorized and em-
powered to fix the time and place of holding the first
meeting of said Trustees, and to notify them thereof.

Approved June 18, 1801.

1801. — Chapter 10.

[May Session, ch. 10.]

AN ACT PROVIDING FOR THE APPOINTMENT OF AGENTS FOR
DEMANDING AND RECEIVING FUGITIVES FROM JUSTICE, AND
FOR DEFRAYING THE EXPENSE OF TRANSPORTING THEM
FROM OTHER STATES IN THE UNION TO THIS COMMON-
WEALTH.

WJiereas it is provided by the Constitution of the United Preamble.
States, that ' ' A person charged in any State with treason,
felony, or other crime, who shall flee from Justice, and be
found in another State, shall, on demand of the Executive
authority of the State from which he fled, be delivered up
to be removed to the State having Jurisdiction of the crime"
4 Chapr. — And whereas by an Act of the Congress of
the United Slates of America, passed on the twelfth day
of February, in the year of Our Lord one thousand seven
hundred & ninety three, it is among other things provided,
that the executive authority of each State, to which any such
person shall have fled, shall deliver him over on demand

268 Acts, 1801. — Chapter 11.

of the executive authority of the State, where the crime
shall have been Committed, to the Agent of the /State,
which shall make the demand; but no provision has been
made in this State for the appointment of such Agents.

Sect. 1. Be it therefore enacted by the Senate and

House of Representatives, in General Court assembled,

Governor ami 0y the authority of the same, That the Governor of

authorized to . . *' 111

appoint Agents this Commonwealth, be, and hereby is authorized, in any
receive of other such case, to appoint an Agent or Agents to demand of
chirgedTith8 the executive authority of any other of the United States,
state! inthi8 any Person> who shall be charged with treason, felony, or
any other crime in this State, and may, by and with the
advice of the Council, issue his warrant on the Treasury
to defray the expences of such Agent, in making such
demand, and in transporting the person so charged from
any other State to this.
o^thersutes^o Sect. 2. And be it further enacted, That, when a de-
totransponper- mand snaU be made on the Executive authority of this
sons delivered State, by that of any other, for the delivery over of any
person charged with treason, felony or other crime, in the
State from which the demand shall be made, the Gov-
ernor, with the advice of the Council, shall issue his war-
rant, under the Seal of the Commonwealth, Authorizing
the Agent or Agents who shall make the demand, to
transport such person, so delivered over, to the line of this
State, on the way to the State which shall make the de-
mand, at the expence of such Agent or Agents, and shall
also, in such Warrant, command all civil officers within
the State to afford such Agents all needful assistance in
transporting such person, so charged, pursuant to such
Warrant. Approved June 18, 1801.

1801. — Chapter 11.

[May Session, ch. 11.]

AN ACT AUTHORIZING THE PROPRIETORS OF THE THIRD TURN-
PIKE ROAD IN NEW HAMPSHIRE, TO EXTEND THE SAME
ROAD INTO THE TOWN OF TOWNSEND.

Sec. 1. Be it enacted by the Senate and House oj
Representatives, in General Court assembled, and by the
Proprietors authority of the same, That the Proprietors of the Third

autnorizGu to *^ ■*■

lay out the road Turnpike Road in New Hampshire, be, and they hereb}^
are authorized and empowered to lay out, make and keep
in repair a turnpike road not less than four rods wide,

Acts, 1801. — Chapter 11. 269

the path to be travelled on, in which, shall be not less
than eighteen feet wide from the line of the State of New
Hampshire, on the north side of the town of Townsend,
communicating with a turnpike road laid out in said State
by said Corporation, to the County road in said town,
near Goss's Bridge, so called, a distance of about four
miles ; and when said road shall be sufficiently made, and
shall be approved of by a Committee to be appointed for
that purpose by the Court of General Sessions of the
peace for the County of Middlesex, the said Corporation
shall be, and hereby is authorized to erect a turnpike gate
on the same, in such manner and at such place as said
Committee shall judge necessary and convenient for col-
lecting the toll, and shall be entitled to demand & re-
ceive of every person using the said road, the rates of
toll hereafter mentioned, and for that purpose to stop any
person riding, leading or driving any horses, cattle, hogs,
sheep, sulkey, chair, or chaise, phaeton, coach, chariot,
cart, waggon, sleigh, sled or other carriage of burden or
pleasure from passing through the said turnpike gate,
untill they shall respectively have paid the same ; that is
to say, for every mile of said road, and so in proportion
for a greater or less distance, or greater or smaller num-
ber of sheep, hogs or cattle, viz. For every fifteen sheep Rate of Ton.
or hogs one cent ; — For every fifteen horses or cattle two
cents ; For every horse and his rider, or led horse, three
fourths of one cent ; For every sulkey, chair or chaise
with one horse and two wheels, one and a half cents ; —
For every chariot, coach, stage waggon, phaeton or chaise
with two horses and four wheels, three cents ; For either
of the carriages last mentioned, with four horses, four
cents; — For every other carriage of pleasure the like
sums according to the number of wheels and horses draw-
ing the same ; For each cart or other carriage of burden
with wheels, drawn by one beast, one cent ; For each
waggon, cart or other carriage of burden drawn by two
beasts, one and a half cents ; if by more than two beasts,
one cent for each additional yoke of oxen, or horse ; —
For each sleigh drawn by one horse, three fourths of one
cent ; if drawn by two horses, one and a half cents ; if
by more than two horses, half a cent for every additional
horse ; — For each sled drawn by one horse, half of one
cent; — For each sled drawn by two horses or a yoke of
oxen, one cent ; and if by more than two horses or one

from toll.

270 Acts, 1801. — Chapter 11.

yoke of oxen, one cent for every additional pair of horses
or yoke of oxen. And at all times, when the Toll-gath-
erers shall not attend their duty, said gate shall be left
Penalty for open. And if any person shall, with his carriage, team,
eva mgt e o . ca^je or horses, turn out of said road to pass the said
turnpike gate, on ground adjacent thereto, or shall falsely
pretend to be exempted by this act from paying toll, with
intent to avoid the payment of the toll legally due from
him, said person shall forfeit and pay three times so much
as the legal toll would have been ; to be recovered by the
Treasurer of said Corporation to the use thereof, in an
Exemptions action of debt or on the case ; Provided, that nothing in this
act shall be construed to entitle the said Corporation to
demand toll of any person who shall be passing with his
horse or carriage to or from public worship, or with his
horse, team or cattle to or from his common labour on
his farm, or to or from any mill, or on the common and
ordinary business of family concerns within the town where
he dwells, or passing said road on military duty.
mae pu0rcniae8te°18 ^EC' 2d- ^e & further enacted, That said Corporation
land, &c. may purchase and hold any land over which they may make

said road ; and the Justices of said Court of General Ses-
sions of the Peace are hereby authorized and required, upon
application from said Corporation, to lay out said road, or
such part thereof, as, with the consent of said Corporation,
they may deem proper. And said Corporation shall be
holden to pay all damages which any person shall sustain
by taking his land for said road, to be estimated by a Com-
mittee of said Court, if the parties agree thereto, otherwise
by a Jury in the manner directed by Law for the recovery
of damage sustained by laying out public highways.
deiaasyfr°u ^EC" ^D* ^e it further enacted, That if said Corpora-

lawfui'toii. tion, their Tollgatherers, or others in their employment,
shall unreasonably delay or hinder any passenger at said
gate, or shall demand and receive more toll than is allowed
by law, said Corporation shall forfeit and pay a sum not
exceeding ten Dollars, nor less than one Dollar, to be re-
covered by the party aggrieved to his own use, in an action
on the case, before any Justice of the Peace for said County
of Middlesex, not being a member of said Corporation ; the
writ in which action shall be served on said Corporation
by leaving a copy of the same with the Tollgatherer at
said gate, or any officer or individual member thereof, liv-
ing in said County of Middlesex, seven days, at least, before

Acts, 1801. — Chapter 11. 271

the day of trial ; and such Tollgatherer, Officer or indi-
vidual member of said Corporation shall have a right to
appear in and defend such suit on behalf of said Corpora-
tion. And said Corporation shall be liable to pay all dam- Road to be kept
ages which may happen to any person from whom toll is nrep r"
by this act demandable, by means of any defect of Bridges
or want of repairs on said road, and shall also be liable to
be fined, on presentment of the Grand Jury, for not keep-
ing said road and bridges in good repair, in the same man-
ner as towns are by law liable to be fined.

Sec. 4. Be it further enacted, That if any person shall penalty for

«/ */ i. iniurins the

cut, break down or destroy said turnpike gate, or shall gate, &c.
forcibly pass or attempt to pass the same, without having
first paid the legal toll at such gate, he shall forfeit and
pay a sum not exceeding fifty dollars, nor less than two
dollars, to be recovered by the Treasurer of said Corpo-
ration to their use, in an action of trespass in any Court
proper to try the same.

Sec. 5. Be it further enacted, That it shall be the duty Account of

. . r, . .... f, . -, -, . expenses to be

ot said Corporation within six months alter said road is exhibited.

completed, to lodge in the office of the Secretary of this

Commonwealth an account of the expences of making said

road in said town of Townsend, and at the expiration of

ten years from the setting up said gate, and thereafter

annually, it shall be their duty to exhibit to the Governor

and Council of this Commonwealth, a true account of the

income arising from said toll, with their annual necessary

disbursements on said road, under penalty of forfeiting

the benefits of this act ; and if, at any time after the ex- Term of toil

piration of said term, it shall appear to the General Court limited.

that said income shall have fully compensated the said

Corporation for all monies which they may have expended

in purchasing, making, repairing and taking care of the

said road, together with an interest thereon at the rate of

twelve per cent, by the year, the General Court shall have

a right to repeal this act, and thereupon the property of

said road shall be vested in said Commonwealth, and be

at their disposal. Approved June 18, 1801.

272 Acts, 1801. — Chapter 12.

1801. — Chapter 12.

[May Session, ch. 12.]

AN ACT TO ALTER THE LINE BETWEEN THE SOUTH PARISH
IN AUGUSTA, AND THE PARISH IN HALLOWELL, AND TO
REPEAL THE SECOND SECTION OF AN ACT, ENTITLED, "AN
ACT DIVIDING THE TOWN OF HALLOWELL, IN THE COUNTY
OF LINCOLN, INTO THREE PARISHES, AND FOR INCORPO-
RATING THE SAME," PASSED THE FOURTEENTH DAY OF
JUNE, SEVENTEEN HUNDRED AND NINETY FOUR.

Sec 1. Be it enacted by the Senate, and House of
Representatives, in General Court assembled, and by the

determined &c Authority of the same, That from and after the passing of
this Act, the line dividing the towns of Hallowell and
Augusta, shall be the dividing line between the south
Parish in Augusta, and the Parish in Hallowell, and that
any of the inhabitants, their heirs, and assigns, living
within that part of the south Parish in Augusta, (agree-
able to the original parish line) which are within the limits
of the town of Hallowell, shall have full liberty at any
time, within the space of one year after the passing of this
act, to join themselves, with their estates, to the south
Parish in Augusta, by leaving their names with the town
Clerks of said Hallowell and Augusta, signifying their in-
tentions so to do ; whereupon they shall ever after belong
to said Parish.

Permission gEC> 2d. Be it further enacted, That any of the in-

K1V6D 10 1 110 *^

inhabitants re. habitants belonging to the towns of Hallowell or Augusta,
anyCofDfhe° D1 '8 who have joined themselves to the parish in Hallowell, or
parishes. either of the parishes in Augusta, shall have full liberty,

to remain members of that Parish, to which they have so
joined themselves, together with their families and estates ;
and that they shall also have full liberty to return, at any
time, with their said families and estates to that parish,
within which they reside ; provided they leave their names
in writting with the Clerks of the two parishes concerned,
certifying their intentions so to do ; and upon their return-
ing, as aforesaid, they shall forever after, belong to the said
parish in which they reside.
Pan of a former gEC# 3D> Be it further enacted, That the second section
in an act, entitled, " An Act dividing the town of Hallo-
well, in the County of Lincolu, into three parishes, and
for incorporating the same," passed the fourteenth day of

Acts, 1801.— Chapter 13. 273

June, one thousand seven hundred and ninety four, be,
and is hereby repealed.

Sec. 4th. Be it further enacted, That any person or Provision reia-
persons, who have taken the benefit of the second section tlvet0
of the act beforeinentioned, shall pay their proportionable
part of all debts due from, or monies voted to be raised,
by the parish in which they belonged prior to their having
left the same by joining themselves to another parish by
virtue of the act and section aforesaid.

Sec. 5th. Be it further enacted, That the lines estab- Parish lines.
lished by an act dividing the town of Hallowell, in the
County of Lincoln, into three parishes, and for incorpo-
rating the same, passed the fourteenth day of June, one
thousand, seven hundred and ninety-four, shall be the
lines of said parishes, except the line between the south
parish in Augusta and the parish in Hallowell.

Approved June IS, 1801.

1801. — Chapter 13.

[May Session, ch. 13.]

AN ACT FOR INCORPORATING CERTAIN PERSONS FOR THE
PURPOSE OF BUILDING A BRIDGE OVER NORTH RIVER, IN
THE COUNTY OF PLYMOUTH, BETWEEN THE TOWNS OF
SCITUATE & MARSHFIELD AT OAKMAN'S FERRY.

Sect. 1. Be it enacted by the Senate & House of
Representatives, in General Court assembled, and by the
Authority of the same, That Cushin«; Otis, Joseph Rog- Persons

• ^ incorporated

ers, George Little, Elisha James, Amos Hatch, James
Sparrel, Elijah Curtis, Thatcher Tilden, John Tolman,
Benjamin Rogers, Jotham Tilden, with such other persons
as now are associated, or may hereafter associate with
them, for the purpose hereafter mentioned, their heirs, &
assigns, be, and they hereby are made & constituted a
Corporation or Body Politic, for the purpose of building
a Bridge over the North River, between the towns of
Scituate and Marshfield, in the County of Plymouth.

Sect. 2. Be it further enacted, That any two of the Twoproprie-
aforesaid proprietors may, by posting up notifications at a^ee^y*
some public places in the towns of Scituate & Marshfield,
warn & call a meeting of the proprietors, to be holden at
any suitable time & place after ten days from the first
publication of said advertisement ; and the proprietors,
by a Vote of a majority of those present, or duly repre-

274

Acts, 1801. — Chapter 13.

A Clerk to be
chosen, and
regulations to
be established.

Where & how
the Bridge is to
be erected.

Rates of Toll.

sented at the said meeting, (allowing one Vote to & for
each single share in all cases ; Provided, however, that no
one proprietor shall be allowed more than four Votes)
shall choose a Clerk, who shall be sworn to the faithful
discharge of said Office, and shall also agree on a method
of calling future meetings ; and at the same, or a subse-
quent meeting or meetings, may elect such Officers &
make and establish such rules and bye lawTs, as to them
may seem necessary or convenient, for the regulation &
government of the said corporation, for carrying into
effect the purpose aforesaid, & lor collecting the toll
herein after granted and established, and may annex pen-
alties to the breach of any bye-laws, not exceeding five
dollars ; and all representations at said meeting shall be
filed with the Clerk, and this Act, and all rules regula-
tions & proceedings, shall be fairly & truly recorded by
the said Clerk in a book or books to be provided & kept
for that purpose.

Sect. 3. Be it further enacted, That the said Proprie-
tors be, and they hereby are authorized and empowered
to erect a Bridge over North River, between the towns of
Scituate & Marshfield, in the County of Plymouth, at
Oakman's ferry, so called, with a Convenient draw, at
least thirty feet wide, for the passing of Vessels ; and the
said proprietors shall constantly keep some suitable per-
son or persons at the said Bridge, who shall, without toll
or expence, raise said draw for any and every vessel that
may be passing up or down the River aforesaid, so that
no such vessel shall be unreasonably detained or delayed
in its passage as aforesaid.

And for the purpose of reimbursing said proprietors
the money by them to be expended in building & support-
ing said Bridge :

Sect. 4. Be it further enacted, That a toll be, and
hereby is granted and established for the sole benefit of
said proprietors, according to the rates following, to wit,
— For each foot passenger two cents ; for each horse &
rider five cents ; for each horse & chaise, chair, sulky or
sleigh twelve cents & five mills ; for each Coach, Chariot,
or Phreton, or other four-wheeled carriage for passengers
twenty-five cents ; for each Curricle twenty-five cents ;
for each sleigh drawn by more than One horse twenty
cents ; for each Cart, Sled, or other carriage of burthen
drawn by one beast ten cents, if drawn by more than one

Acts, 1801. — Chapter 14. 275

beast twelve cents & five mills ; for each horse without a
rider, & for neat cattle two cents each ; for sheep, &
swine eight cents for each dozen ; — and one person & no
more shall be allowed to each team as a driver to pass
free of toll. And the toll shall commence on the day of
first opening said Bridge, and shall continue for the term
of forty years. And at the place where the toll shall be
received there shall be Erected, & constantly exposed to
view, a sign board, with the rates of toll fairly & legibly
written or printed thereon in large letters.

Sect. 5. Be it further enacted, That the said Bridge Directions
shall be well built, with suitable materials, at least twenty- bu^ffnKDof the
two feet wide, and covered with planks, with sufficient Bnd«e' &c-
rails on each side, and boarded up sixteen inches high
from the floor of said Bridge, for the safety of passengers
travelling thereon ; and the same shall be kept in good
repair at all times.

Sect. 6. And be it further enacted, That if the said ^luwuhin6
proprietors shall neglect, for the space of four years from four years,
the passing of this Act, to build & erect said Bridge, then
this Act to be void & of no effect.

Approved June 19, 1801.

1801. — Chapter 14.

[May Session, ch. 14.]

AN ACT ALTERING THE TIME OF HOLDING THE COURT OF
GENERAL SESSIONS OF THE PEACE, & THE COURT OF COM-
MON PLEAS, WITHIN & FOR THE COUNTY OF NANTUCKET,
FROM THE LAST TUESDAY OF MARCH TO THE TUESDAY
NEXT PRECEDING THE LAST TUESDAY OF MARCH.

Sect. 1st. Be it enacted, by the Senate <& House of
Representatives, in General Court Assembled, and by the
Authority of the same, That the Act intitled, " An Act rcatrtre°pfeaalfe°drmer
for determining at what times & places the several Courts
of General Sessions of the Peace & the Courts of Com-
mon Pleas shall be holden within & for the several Coun-
ties within this Commonwealth, & for repealing all Laws
heretofore made for that purpose," so far as it respects the
holding of the Court of General Sessions of the Peace, &
the Court of Common Pleas, within & for the County of
Nantucket on the last Tuesday of March, be, & the same
is hereby repealed.

Sect. 2d. Be it further enacted, That from & after Time for hold-
the passing of this Act, the time of holding the Court of ng

276

Acts, 1801. — Chaptee 15.

Law business
conformed to
the alteration
directed by this
act.

General Sessions of the Peace, & Court of Common
Pleas, within & for the County of Nantucket, shall be on
the Tuesday next preceding the last Tuesday in March.

Sect. 3d. And, Be it further enacted, That all Ap-
peals already made, recognizances taken, or that may,
before the aforesaid Tuesday, next preceding the last
Tuesday of March next, be made or taken, to the afore-
said Court of General Sessions of the Peace, & all actions
already commenced, or that may be commenced, & all
processes returned, or that may be returnable before the
aforesaid last Tuesday of March, & all Appeals claimed,
or which may be claimed, & all Actions pending at the
aforesaid Court of Common Pleas, which, before the pass-
ing of this Act, was to be holden, on the last Tuesday of
March, shall be returnable to, entered, made, proceeded
on, tried, & determined, agreeably to the true intent of
such Writ, Process, Eecognizance, or Appeal at the Courts
hereafter to be holden in said County, on the Tuesday next
preceding the last Tuesday of March.

Approved June 19, 1801.

Overseers of
the beaches,
&c. to be
chosen.

Overseers'
meetings.

1801. — Chapter 15.

[May Session, ch. 15.]

AN ACT TO PREVENT DAMAGE BEING DONE TO THE HARBOUR
OF WELLFLEET IN THE COUNTY OF BARNSTABLE BY EX-
CESSIVE NUMBERS OF CATTLE, SHEEP AND HORSE KIND
FEEDING ON THE BEACH AND ISLANDS ADJOINING THE
WESTERLY SIDE OF SAID HARBOUR.

Sec. 1. Be it enacted by the Senate and House of Rep-
resentatives , in General Court assembled, and by the au-
thority of the same, That the town of Wellfleet shall be,
and they are hereby empowered and directed, at their
meeting for the choice of Town Officers in March or April
annually, to choose three discreet persons, being freehold-
ers in said town, to inspect and oversee the Islands &
Beaches adjoining the westerly side of Wellfleet harbour,
and southward of Griffin's Island, so called ; and each per-
son, so chosen, shall be sworn faithfully and impartially
to discharge the duties required of him by this act. And
the overseers of said Islands and Beaches shall meet to-
gether annually, on or before the twentieth day of April,
at such time and place as the person first chosen by said
town shall appoint ; the meeting to be by him duly noti-

Acts, 1801.— Chapter 15. 277

fied : And the major part of the Overseers present at such
meeting, are hereby authorized and empowered to agree
upon and determine what numbers of cattle, horse kind
and sheep, shall be permitted to feed on the aforesaid
Islands and Beaches southward of Griffins Island, so as
to do the least damage.

Sec. 2. And be it further enacted by the authority
aforesaid, That from and after the first day of March Not lawful for
next, it shall not be lawful for any person or persons fum^uThu °
whatsoever to turn out, feed, or let run at large, any neat oTthVbeS
cattle, sheep or horse kind on the land, Islands, Meadows &c-
and Beaches on the westerly side of Wellfleet harbour,
and southward of Griffin's Island, in the town of Well-
fleet, unless he, she or they shall first obtain a permit in
writing, signed by the Overseers of said Islands, Beaches
& Meadows, for that purpose. And no person or per-
sons, other than an inhabitant of the said town of Well-
fleet, shall be permitted to turn out feed or let run at
large, any neat cattle, horse kind or sheep, except such
persons as may own some right or interest therein on said
Islands Beaches and Meadows.

Sec. 3d. And be it further enacted by the authority
aforesaid, That after the publication of this Act, if any Penalty for

^ in i_ i_ i»iij. breach of this

person or persons shall presume to turn out, teed, or let act.
run at large any neat cattle, horse kind or sheep, on the
Islands, Beaches or Meadows aforesaid, or any part thereof,
without permission in writing from the overseers of said
Islands, Beaches or Meadows in manner aforesaid ; the
owner or owners thereof shall forfeit and pay for each
offence two Dollars a head for all neat cattle and horse
kind, & twenty cents a head for all sheep so turned out
to feed or let run at large on the Islands, Beaches or
Meadows aforesaid, to be recovered by any inhabitant of
the town of Welfleet, before any Justice of the Peace for
the County of Barnstable, by action of debt. And all such cattle, &c.
cattle, horse kind or sheep, found feeding or running at ^eacheTu) be
large on said Islands, Beaches and Meadows, without per- ^"he mode
mission, as aforesaid, shall be liable to be impounded in of proceeding

. . > i /» i ii in that case.

the town of Wellfleet, and immediate notice thereof shall
be given to the owner or owners thereof, if known, other-
wise public notice thereof shall be given in writing, by
posting up the same in the town of Wellfleet, and in Truro,
in some public places, by the person impounding the same ;
such creatures to be relieved by the pound keeper with

278

Acts, 1801. — Chapter 15.

suitable meat and water, while impounded ; & if the owner
or owners thereof appear to redeem his, her or their im-
pounded creature or creatures, he, she or they shall pay
the following fees, viz. Fifty cents to the impounder for
each neat beast or horse kind, and eight cents for each
sheep so impounded ; and to the pound keeper reasonable
costs for relieving such creatures, besides his fees estab-
lished by law. And if no owner appear within the space
of four days to redeem such cattle, sheep or horse kind, so
impounded, and to pay the cost occasioned by impound-
ing them, then, & in every such case, the person impound-
ing such creature or creatures shall cause the same to be
sotd at public vendue, to pay the cost and charges arising
thereby ; public notice of the time of such sale to be given
in the towns of Wellneet and Truro forty-eight hours, at
least, previous to such sale ; and the overplus, if any there
be, arising by such sale, to be returned to the owner or
owners of such creature or creatures so sold, at any time
within twelve months next after such sale, upon his, her
or their demanding the same ; but if no owner appear
within the said twelve months, then the said overplus
shall accrue, one half to the party impounding such
creature or creatures, and the other half to the use of the
town of Wellneet, for the support of the poor of said
town.

Sec. 4. And be it further enacted by the authority
aforesaid, That each person who shall be permitted as
aforesaid to turn out feed or let run, on the Islands,
Beaches and Meadows aforesaid, any neat cattle, horse
kind or sheep, shall pay annually to the Treasurer of the
said town of Wellneet, for each neat beast, horse kind or
sheep so running or feeding on said Islands, Beaches or
Meadows, such sum as shall be agreed upon and voted by
said town of Wellneet at their meeting for the choice of
town officers, in the month of March or April annually;
which sums shall be for the use of protecting and securing
said Islands, Beaches & Meadows from damage.

Sec. 5. And be it further enacted, by the authority
aforesaid, That it shall be the duty of the overseers of the
Islands, Beaches and Meadows on the westerly side of
Wellfleet harbour, and southward of Griffin's Island, chosen
agreeably to this act, to see that this act be observed, and
to prosecute all breaches thereof. And in case any person
as overseer. chosen as overseer of the aforesaid Islands, Beaches and

An annual
privilege to be
purchased.

Overseers'
duty.

Penalty for
refusing to serve

Acts, 1801. — Chapter 16. 279

Meadows, agreeably to this act, shall refuse to be sworn,
he shall forfeit and pay two Dollars for the use of the poor
of said town of Wellfleet ; and upon such refusal the said
town of Wellfleet shall from time to time proceed to a new
choice of such officer or officers.

Sec. 6. And be it further enacted by the authority
aforesaid, That all laws heretofore made to prevent dam- Former laws
age being done to the harbour of Wellfleet, be, and they repeae '
hereby are repealed. Approved June 19, 1801.

1801. — Chapter 16.

[May Session, ch. 16.]

AN ACT DIRECTING THE PROCEEDINGS FOR THE SPEEDY RE-
MOVAL OF NUISANCES.

Whereas the laws now in force are inadequate to so Preamble.
speedy a removal of nuisances as the Exigencies of the
public may require: Therefore,

Sec. 1. Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by the
authority of the same, That from and after the passing of pl^eVutlol^0
this act any two Justices of the Peace, quorum Unus, |zed to enquire

ii i i i • i a • ' i into Nuisances,

shall be, and the}' hereby are authorized to inquire, by a &o.
Jury, as is herein after directed, into all nuisancies erected,
or which may hereafter be erected by any person, or per-
sons : and if it be found, upon such inquiry, that a nuisance
shall have been erected, created or continued by any per-
son or persons ; then that such Justices shall cause the
same to be abated and removed.

Sec. 2d. And be it farther enacted, That any person complaints to
or persons may make out his or their complaint in writ- writing.
ting, directed to any two Justices of the Peace, Quorum
Unus, of any existing nuisance, and they shall, as soon as Justices to can
such complaint is exhibited to them, make out their war- foVmofwar- e
rant, under their hands and seals, directed to the Sheriff rant lherefor-
of the same County, commanding him, in behalf of the
Commonwealth, to cause to come before them twelve good
and lawfull Men of the same County, who shall be drawn,
in equal proportions, out of the Jury box for the Supreme
Court, by the Selectmen of the three towns next adjoining
to the town in which such nuisance may be, at a meeting
of such Selectmen, to be holden forthwith for that pur-
pose, upon the requisition of such Sheriff, and they shall
be empowered to inquire into the nuisance complained of,
which warrant shall be in the form following, Vizt :

280

Acts, 1801. — Chapter 16.

Form op Warrant.

Summons to
issue to the
party com-
plained against,
and form
thereof.

Seal (l. s.) BE-

To the Sheriff of the County of Greeting :

Whereas complaint is made to us, the subscribers, two
of the Justices of the Peace within and for the County
of Quorum Unus, by of in the same

County, that of upon the day of ,

at with force and arms, did unlawfully erect, or

cause to exist, a nuisance of the following discription, to
wit, (here particularly discribe the nuisance) and the
same nuisance unlawfully, and unjustly, and with like force
and arms doth still keep up and continue : You are, there-
fore, in behalf of the Commonwealth, commanded to cause
to come before us upon the day of at

in the same County, twelve good and lawfull men of your
County, each one of whom having freehold of the Yearly
value of ten dollars, to be impanneled and sworn to inquire
into the nuisance afore described.

Given under our hands and seals this day of

in the Year of our Lord

R. S. > Justices of the Peace
N. O. 5 Quorum Unus.

And the said Justices shall make out their summons to
the party complained against in the form following :

Form of the Summons.

H-

Commonwealth of Massachusetts.

SS.

To the Sheriff of the County of or either of his

Deputies Greeting :

We command you, that you summon to appear

before the subscribers, two of our Justices of the Peace,
within and for our said County of , Quorum Unus,

at a place called in D in the said County,

at O'Clock in the noon ; then and there to

answer to the complaint of to them exhibited ;

wherein it is stated, that (here recite the complaint) and
you are to make a return of this writ, with your doings
therein, unto our said Justices, upon, or before the said
day of

Witness our said Justices the day of in

the Year of our Lord

R. S

. S.>
. O.J

Acts, 1801. — Chapter 16. 281

Which summons shall be served upon the party com- Manner of
plained against, by reading the same in his hearing, or by summons.6
a copy thereof left at his usual place of abode, fourteen
days, exclusively, before the day of trial ; and if the party
shall not appear to defend, the Justices shall proceed to
the inquiry, in the same manner, as if he were present ;
and when the Jury shall appear, the Justices shall lay
before them, the exhibited complaint, and shall administer
the following Oath, vizt.

Foreman's Oath.

You, as foreman of this Jury, do solemnly swear, that ^^1^^
you will, well, and truly try, whether the complaint of to the Jury.

now laid before you, be true, according to your
evidence, — So help you God.

The Other Jurors' Oath.

The same oath, which your foreman hath taken, on his
part, you and each of you shall well and truly observe and
keep, — So help you God.

And if the Jury shall find the complaint to be true, then
they shall return their verdict in the form following :

Form or the Verdict.

At a Court of Inquiry, held before R. S. and N. O. £2™./"^
Esqrs. two of the Justices of the Peace within and for the
said County of Quorum Unus, at D, in the said

County of upon the day of in the Year

of our Lord , the Jury upon their Oaths do find,

that is a nuisance, and that the same, on or before

the day of at with force and arms,

unjustly and unlawfully was erected, or caused to exist,
by of and that the said with like force

and arms unjustly and unlawfully still continues and keeps
up the same nuisance : Wherefore the Jury find upon their
Oaths aforesaid, that the said Nuisance ought to be abated
and removed without delay.

And if, by accident or challenge, there shall happen not fhheej,frt0$11
to be a full jury, the Sheriff shall fill the pannel, de talibus deficient in
circumstantibus, as in other causes: — And if the Jury,
after a full hearing of the cause, shall find the complaint

282

Acts, 1801. — Chapter 16.

In cane of
acquittal de-
fendant to have

costs.

laid before them supported by evidence, they shall all
sign their verdict in form aforesaid, otherwise the De-
fendant shall be allowed his legal costs, and have his Exe-
cution therefor under the hands and seals of said Justices.
Sec. 3d. And be it further enacted, That if the Jury
shall return their verdict, signed by the whole Pannel,
that the complaint is supported, the Justices shall enter
up Judgment for the complainant to have the nuisance
abated and removed, and shall award their writ accord-
ingly, in form following :

Form of the Writ of Removal.

Form of writ
for the removal
of a Nuisance.

H-

Commonwealth of Massachusetts.

-SS

To the Sheriff of our County of or to either of

his deputies, Greeting :

Whereas at a Court of Inquiry for abatement and re-
moval of a nuisance, held at D, in our County of
upon the day of in the Year of our

Lord before Esquires, two Justices

of the Peace for our said County of Quorum

Unus, the Jurors impanneled and sworn by our said Jus-
tices, did return their verdict in writting, signed by each
of them, that the aforesaid described as follows

(as in the verdict) is a nuisance, and that the same on or
before the day of at with

force and arms and unjustly, and unlawfully was erected
and caused to exist by of and that

the said with like force and arms unjustly, and

unlawfully still continues and keeps up the same nuisance ;
whereupon, it was considered by our said Justices that the
said nuisance be abated and removed : We, therefore, com-
mand you that, taking with you the force of the County,
if necessary, you cause the said nuisance forthwith to be
abated and removed ; aud also that you levy of the goods,
chattels, or lands of the the sum of

being costs taxed against him in the trial aforesaid, to-
gether with being the sum estimated by the said
Justices as necessary costs which will arise in the abate-
ment and removal of said nuisance, together with thirty
three cents more for this writ, and also your own lawfull
fees ; and for want of such goods, chattels, or lands of
the said by you to be found, you are to take the

Acts, 1801. — Chapter 16. 283

body of the said and him commit to our Goal in

L, in our said County of H there to remain until] he

shall pay the sums aforesaid, together with all fees on the
service of this writ, or until 1 he is delivered by order of
law ; and make return of this writ with your doings
thereon, within thirty days next coming:

Witness our said Justices at I) aforesaid the
day of in the Year of our Lord

R. S. }
N. O. 5

Provided nevertheless, That the party complained against, ^{J,^6*1
as aforesaid, may, in person or by attorney, appear before
the said Justices, and may there give in evidence, on the
trial aforesaid, under the general issue, any special matter
or thing of which he could avail himself under any special
plea in the regular courts of Law ; Provided also, That
when judgment shall be entered up against him upon the
verdict of the Jury aforesaid, he may there appeal from
the Judgment of the said Justices to the next Supreme
Judicial Court to be holden in the same County, which
appeal, when so entered, shall stop all further proceed-
ings of the said two Justices, and no writ on said Judg-
ment, for abatement and removal, shall issue, except as
herein after directed : And it shall be the duty of the per-
son appealing, as aforesaid, from the Judgment of the
said Justices, to procure attested copies of all the papers
in said complaint, under the hands of the said Justices, and
to enter his appeal at the next Supreme Judicial Court ;
and if he shall fail of so doing, the Judgment of the said
two Justices shall be in full force against him, and they
are hereby authorized and empowered, in such case, to
issue their writ for abatement & removal in the same
manner as if no appeal had been entered.

Sec. 4. And be it further enacted by the authority
aforesaid, That the said Supreme Judicial Court be, and ^0^,°/
they hereby are authorized to take cognizance of said an appeal
complaint, and judgment, and to try, by the Jurors re-
turned to serve in their said Court, on the Jury of trials,
the truth of the facts alledged in said complaint, under
the issue aforesaid, and if the said Jury shall find by their
verdict, the facts alledged in said complaint to be true,
the said Court are further authorized to cause, and order
the said nuisance to be abated and removed, and to award

re on

284

Acts, 1801. — Chapter 17.

Costs & Fees.

against the party complained of, such sums as may be
necessary to defray the expence of removing said nui-
sance : — But if the Jury aforesaid shall find that the
facts alledged in said complaint are not supported, the
party complained of, shall recover against the complain-
ant his legal costs ; and Execution shall issue accordingly.

Sec. 5. And be it further enacted by the authority
aforesaid, That the same costs shall be allowed by the
said two Justices, aad the Supreme Judicial Court, to
parties and witnesses, as are allowed in the regular
Courts of law, and that the said two Justices, Quorum
Unus, shall have the same fees, and be allowed the same
sums for the trial aforesaid, as are allowed to Justices in
the process of forcible entry and detainer.

Sec. 6th. And be it further enacted by the authority

Private actions aforesaid, That the proceedings under this act shall not

bar any party from having and maintaining their private

actions for any injury which they may have sustained by

reason of the premisses. Approved June 19, 1801.

1801 . — Chapter 17.

[May Session, ch. 17.]

AN ACT REPEALING PART OF AN ACT, ENTITLED, "AN ACT
FOR REGULATING THE ALEWIVE FISHERY IN THE GULF
STREAM, SO CALLED, WHICH RUNS BETWEEN THE TOWNS
OF SCITUATE IN THE COUNTY OF PLYMOUTH, AND COHAS-
SETT IN THE COUNTY OF NORFOLK," PASSED THE FOURTH
DAY OF MARCH IN THE YEAR OF OUR LORD, EIGHTEEN
HUNDRED.

Whereas the beneficial effects, contemplated by the act
aforesaid, have not been produced thereby :

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, That the aforesaid act, so far as it provides, that
the Selectmen of the towns of Scituate and Cohassett,
shall be Fish- Wardens, and so far as it respects, the open-
ing Sluice-ways, through the Mill dams, that now are, or
that hereafter may be erected, above the mill dam, erected
by Elisha Doane and others, be, and hereby is repealed.

Approved June 19, 1801.

Acts, 1801. — Chapter 18. 285

1801. — Chapter 18.

[May Session, ch. 18.]

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT TO
REGULATE THE INSPECTION OF BEEF INTENDED TO BE
EXPORTED FROM THIS COMMONWEALTH."

Section 1st. Be it enacted by the Senate <£ House of
Representatives, in General Court assembled, and by the
authority of the same, That from & after the passing of Package of

** *F * I. O D66I ID tlGTCGS

this Act, it shall be allowable to pack & repack beef in authorized,
tierces or casks of three hundred weight, under the direc-
tion of the Inspector General, or one of his Deputies, ap-
pointed by virtue of the act, to which this is an addition,
who shall inspect & brand the same, according to the
different denominations mentioned in the act aforesaid ;
& make return of the number of such casks in the same
manner as is provided in said Act for barrels & half bar-
rels. And it shall be the duty of the Inspector General Deputies.
to appoint a sufficient number of Deputies in the several
Counties in the Commonwealth to accommodate the citi-
zens without any unreasonable delay : And it shall also
be the duty of said Inspector & his Deputies to attend,
as soon as may be, within twenty-four hours after request
made, at any suitable place within the County where he
resides, for the purpose of inspecting any quantity of beef
exceeding thirty barrels. And it shall be their duty to see
the same weighed, packed and salted.

Sect. 2d. Be it further enacted, That two ounces of saltpetre to be

•/ 7 U8GC1.

salt petre be added to each barrel of mess beef intended
for exportation in addition to the quantity required by the
Act aforesaid, & that not more than two shanks be put in
any barrel of cargo beef, number two.

Sect. 3d. Be it further enacted, That if the Inspector- inspectors to

r^ 1 r- 1 /» pi ' i i_' i • • e -l" make seizures.

General of beet, or any of his deputies, having information,
or knowledge of any quantity of beef being laden in any
port or place within this Commonwealth for exportation,
in respect to which there shall not be a conformity to this
Act, or the act aforesaid to which this is in addition, it
shall & may be lawful for the said Inspector-General, or
his deputy, to make seizure thereof forthwith, & to file
a libel or information thereupon, in any court proper to
try the [the] same : And upon trial of such beef so seized
as aforesaid, in case a breach of this Act, or the Act afore-

286

Acts, 1801. — Chapter 18.

Bonds to be
required.

The act to
extend to beef
transported
coastwise.

Fees

said, shall be proved, shall be liable to condemnation &
forfeiture ; one moiety to the use of the Commonwealth,
& the other moiety to the use of the officer seizing &
prosecuting for the same.

Sect. 4th. Be it further enacted, That every deputy
inspector appointed, or to be appointed, under the act
aforesaid, shall give bond to the inspector General with
surety to his satisfaction, in a sum not exceeding one
thousand, nor less than three hundred dollars, conditioned
for the faithful performance of their duty according to the
provisions in the act aforesaid. And the inspector gen-
eral may & he is hereby authorized to administer the sev-
eral oaths required by this act, & by the act aforesaid, to
which this is in addition.

Sect. 5th. Be it further enacted, That all the provi-
sions, penalties, regulations & requirements contained
in the Act aforesaid, & in this act, shall be construed to
extend, & shall extend to all beef transported, or intended
to be transported coastwise, from any port or place in this
Commonwealth to any of the United States, or shipped on
board of any vessel for any purpose whatever.

Sectn. 6. Be it further enacted, That the Inspector
General, or his deputy, shall be paid for every tierce or
barrel, which shall be inspected & branded as required by
law, the sum of eleven cents & an half; & for every half
barrel of beef, which shall be inspected & branded as
aforesaid, the sum of seven cents, including the sums
already allowed by law for inspecting & branding the
same. And the Inspector General shall be allowed &
paid by his respective Deputies three cents for every
tierce or barrel & two cents for every half barrel of beef
which shall be by them inspected & branded, including
the sum already allowed by law to be paid the Inspector
General by his respective Deputies. And it shall be the
duty of the Inspector General or his respective Depu-
ties, to brand each tierce, barrel or half barrel of beef
by them inspected for exportation with the words For
Bounty.
Fees for signing Sect. 7. And be it further enacted, that for every cer-

certificates. . . •* . ^ ,

tificate signed by the Inspector, or either of his Deputies,
they shall be entitled to recieve, for a quantity not exceed-
ing one hundred tierces, barrels or half-barrels, twenty-
five cents ; for every certificate, including more than one
hundred & less than two hundred, fifty cents ; & for every

Acts, 1801. — Chapter 19. 287

certificate including more than two hundred tierces, bar-
rels or half-barrels, one hundred cents, including the sums
already allowed by law for such certificates.

Approved June 19, 1801.

1801. — Chapter 19.

[May Session, ch. 19.]

AN ACT TO ESTABLISH THE TWELFTH MASSACHUSETTS TURN-
PIKE CORPORATION.

Sect. 1. Be it enacted by the Senate & House of
Representatives, in General Court assembled, and by the
authority of the same, That Joseph Goodrich, Elisha Lee, Persons
Asahel P. Bennett, Uzziel Clark, John W. Hurlbut, incorP°rated-
Jeremiah Hickcock, William Buel, Josiah Kellogg, Horace
Bush, Seneca Tuller, Francis Heare, Orson Trowbridge,
Obadiah Bush, Elisha Cowles, Jeremiah Hikok, Daniel
Bush, Isaac Vosburg, Elisha Ensign, Elisha Smith, Michael
Halcomb, Stephen Dewey, and Azariah Root, and all such
persons as shall associate with them, and their successors,
shall be a Corporation by the name of The Twelfth Mas-
sachusetts Turnpike Corporation, with all the powers and
privileges incident to Corporations, for the purpose of
laying out, & making a Turnpike road from the termi-
nation of the turnpike road, leading from Hartford near Route of the
the House of Capt. Uzziel Clark, in Sheffield, from thence TurnPike-
Northwestwardly, on the Westward side of Allum-hill, in
the most convenient rout to Asahel P. Bennett's dwelling
House, thence Northwardly in the most convenient line,
to the said Bennett's lower bridge place, so called ; from
thence in a direct line to the County road, near and in
front of Capt. Michael Holcomb's dwelling house ; from
thence in the most convenient line, having reference to
the said County Road, as it is now travelled, near to the
guide post by the Barrington river road, so called ; thence
in the most convenient, and direct line to the dwelling-
house of Ephraim Kellogg ; thence in the most convenient
& direct rout to the dwelling-house of Seneca Tullar,
Esqr. from thence in the most convenient and direct rout,
to the flat ground, in front of George Messenger's dwell-
ing-house ; and from thence in the most convenient rout,
to the East end of the aforesaid Hudson Turnpike Road ;
And for keeping the same in repair, which road shall not
be less than four rods Wide, and the path to be travelled

288

Acts, 1801. — Chapter 19.

Where gates
may be erected.

Toll.

Proviso.

Lands may be
purchased, &c.

on, not less than eighteen feet wide, in any place ; and
that when said turnpike road shall be sufficiently made,
and shall be so allowed and approved by the Justices of
the Court of Common Pleas, for the County of Berkshire,
at any term thereof, then the said Corporation shall be
authorized to erect one Gate on the same, in such conven-

ient place, near the house

of George

Messenger, as the

Justices of the Court of Common Pleas, in said County
of Berkshire, shall determine, and also one other Gate,
at or near the Bridge to be erected across the Housaton-
uck river, at Asahel P. Bennett's lower bridge place ; and
shall be entitled to receive for each traveller and passen-
ger, at each of said Gates, the following rates of toll,
vizt. For every Coach, Chariot, Phaeton, or other four
wheel Carriage, drawn by two horses, fourteen Cents,
and if drawn by more than two horses an additional sum
of three cents for each horse ; for every Cart, Waggon,
sled, or sleigh, drawn by two oxen or horses six cents,
and if drawn by more than two, an additional sum of two
cents, for every such ox or horse ; for every curricle nine
Cents ; for every chaise, chair, or other carriage drawn
by one horse, eight cents ; for every man & horse three
cents; for all horses, oxen, or neat cattle, led or driven,
besides those in teams or carriages three cents each ; for
all Sheep or swine two cents per dozen, and in that pro-
portion for a greater or less number. Provided, that no
toll shall be taken of any person passing said road on
Military duty, to or from public worship, to or from mill,
or about his common and ordinary business within the
town wherein he resides.

Sect. 2. Be it farther enacted, That the said Corpo-
ration may purchase and hold any lands, over which they
make the said road, and the Justices of the Court of the
General Sessions of the Peace in said County are hereby
authorized, on application from the said Corporation, to
lay out such road, as with the consent of the said Corpo-
ration they may deem proper, and the said Corporation
shall be holden to pay all damages which shall arise to
any person by taking his land for such road, where it can-
not be obtained by voluntary agreement to be estimated
by a committee appointed by the Court of General Ses-
sions of the Peace in said County, saving to either party
the right of trial by Jury, according to the Law, which
makes provision for the recovery of damages happening
by laying out public highways.

Acts, 1801. — Chapter 19. 289

Sect. 3. Be it further enacted, That if said Corpora- Penalty for
tion, their toll gatherers, or others in their employ shall passengers.
unreasonably delay or hinder, any traveller or passenger,
at either of the said Gates, or shall demand or receive
more toll, than is by this Act established, the Corpora-
tion shall forfeit and pay a Sum, not exceeding ten dol-
lars nor less than one dollar, to be recovered before any
Justice of the Peace, of the County where the Offence
shall be committed, by any person injured, delayed, or
defrauded in a Special Action on the Case, the writ in
which shall be served, on the said Corporation, by leaving
a Copy of the same, with their Treasurer or with some
individual member of the Corporation, living within the
County, wherein the Action may be brought, or reading
the Contents thereof, to the said Treasurer, or individual
member at least seven days before the day of trial ; and Road to be

im f i • i r^ i • •■•■•ii kePl in repair.

the lreasurer ot the said Corporation, or individual mem-
ber, who shall be allowed to defend the same suit, in
behalf of the Corporation, and the Corporation shall be
liable to pay all damages which shall happen to any person
from whom toll is by this Act demandable, for any dam-
ages which shall arise from defect of Bridges, or want of
repairs within the same way, and shall also be liable to a
fine on presentment of the grand Jury, for not keeping
the same, or the bridges thereon, in good repair. And if in case the road

' O ' o Jr is not kept in

the said road, or any part thereof, shall be suffered to be repair,
out of Repair, the Justices of the Court of Common pleas,
or a major part thereof, or a Committee to be by them
appointed for that purpose, may, after notice in writing
served on the Clerk or Treasurer, or any other principal
member of said Corporation, seven days before the time
of hearing, order the said Gates or either of them to be
set open ; and, immediately upon the service of such
Order, under the hands of said Justices or Committee, on
the Clerk of said Corporation, the said Gate or Gates
shall be opened and kept open, and no toll demanded or
taken thereat, untill the Justices of said Court or said
Committee, shall grant an Order for putting up said Gate
or Gates & receiving the toll thereat.

Sect. 4. Be it further enacted, That if any person Penalty for
shall cut, break down, or destroy any of the said turn- gatM,nle. *
pike Gates, or shall forcibly pass, or attempt forcibly to
pass the same, without having first paid the legal toll at
such Gate, such person shall forfeit and pay a fine not
exceeding Fifty Dollars, nor less than two dollars, to be

290

Acts, 1801. — Chapter 19.

Transferring
shares.

First meeting.

Statement of
income to be
exhibited.

recovered by the Treasurer of said Corporation, to their
use in an Action of trespass ; and if any person shall,
with his Cattle, team, carriage, or horse, turn out of the
said road to pass the said turnpike Gate, on ground adja-
cent thereto, and again enter on said road, with intent to
avoid the toll due by virtue of this Act, such person shall
forfeit & pay three times so much as the legal toll would
have been, to be recovered by the Treasurer of the said
Corporation, to the Use thereof, in an Action of trespass
on the Case. Provided, that nothing in this Act shall
extend to entitle the said Corporation to demand toll of
any person, who shall be passing Avith his horse, Carriage,
team, or Cattle on his Common and Ordinary business
within the same Town ; or to or from any place of public
Worship, or to or from any mill, or on military duty.

Sect. 5. Be it further enacted, That the shares in the
same turnpike road, shall be taken, deemed, and consid-
ered to be personal estate, to all intents and purposes,
and shall and may be transferable ; and the mode of trans-
fering said Shares shall be by deed, acknowledged before
any Justice of the Peace, and recorded by the Clerk of
said Corporation, in a book to be kept for that purpose ;
and when any of said shares shall be attached on mesne
process, or taken on Execution without such previous
attachment, an attested copy of such writ of attachment
or Execution, shall be left with the Clerk of said Corpo-
ration, otherwise such attachment, or taking in execution
shall be void. And such shares may be sold on execu-
tion, in the same manner, as is or may by law be provided
for the sale of personal property by execution ; the officer
making sale, or the judgment Creditor, leaving a Copy of
the Execution, and the Officers return on the same, with
the Clerk of the said Corporation, within ten days after
such sale, and paying for the recording of the same.

Sect. 6. Be it further enacted, That a meeting of the
said Corporation, shall be held at the House of William Fel-
lows, Innholder, in Sheffield, in the County of Berkshire,
on the second Tuesday of July next, for the purpose of
choosing a Clerk, & such other Officers, as may then &
there be agreed upon, by the said Corporation, for regu-
lating the concerns thereof, and that the said Corporation
may then & there agree upon such method of calling
meetings in future, as they may judge proper.

Sect. 7. Be it further enacted, That the said Corpora-
tion shall, within six months after the said road is com-

Acts, 1801. — Chapter 19. 291

pleated, lodge in the Secretary's Office, an Account of the
Expences thereof; and that the said Corporation shall
annually, exhibit to the Governor and Council, a true
Account of the income or dividend arising from the said
toll, with their necessary annual disbursments, on said
road, and that the books of the said Corporation, shall at
all times be subject to the inspection of a Committee to
be appointed by the General Court, or to the inspection
of the Governor, and Council when called for.

Sect. 8. Be it further enacted, That whenever any shares of deiin.

. 1.11 li. c x ± quents may be

proprietor, shall neglect or retuse, to pay any tax or eoid.
assessment, duly voted and agreed upon by the Corpora-
tion, to their Treasurer, within sixty days after the time
set, for the payment thereof, the Treasurer of said Corpo-
ration is hereby authorized, to sell at Public vendue, the
share or shares of such delinquent proprietor, one or more
as shall be sufficient to defray said taxes, and necessary
incidental Charges, after duly notifying in some news-
paper printed in the County of Berkshire, the sum due on
any such shares, and the time and place of sale, at least
twenty days previous to the time of sale, and such sale
shall be a sufficient transfer of the share or shares so sold,
to the person purchasing, and on producing a Certificate
of such sale from the Treasurer, to the Clerk of the said
Corporation, the name of such purchaser, with the number
of shares so sold, shall be by the Clerk, entered on the
book of the said Corporation, and such person shall be
considered to all intents and purposes, the proprietor
thereof, and the overplus, if any there be, shall be paid
on demand, by the Treasurer to the person whose shares
were thus sold.

Sect. 9. Be it further enacted, That the said Corpo- Rates of Ton to

DC t'X h 1 oittJCl .

ration, shall at all places, where the said toll shall be col-
lected, erect, and keep constantly exposed to view, a sign
or board, with the rates of toll, of all the tollable Articles,
fairly and legibly written in large or Capital characters.

Sect. 10. And be it further enacted That the General
Court may dissolve said Corporation, whenever it shall
appear to their satisfaction, that the income arising from
the said toll shall have fully compensated the said Corpo-
ration, for all monies they may have expended in purchas-
ing, repairing, & taking care of the said roads, together
with an Interest thereon, at the rate of twelve per centum,
by the year, and thereupon, the property of the said road
shall be vested in this Commonwealth, and be at their

292

Acts, 1801. — Chapter 20.

disposal : Provided, that if the said Corporation shall
neglect to compleat the said turnpike road for the space
of three years from the passing of this Act, the same shall
become void and of no effect. Approved June 19, 1801.

Gun Powder to
be put into the
Magazine.

Proviso in
favor of

retailers.

Fees of the
Keeper of the
Powder House.

1801. — Chapter SO.

[May Session, ch. 20.]

AN ACT TO PROVIDE FOR THE STORING & SAFE KEEPING OF
GUN POWDER IN THE TOWN OF BOSTON, & TO PREVENT
DAMAGE FROM THE SAME.

Sect. 1st. Be it enacted by the Senate & House of
Representatives, in General Court Assembled, & by the
Authority of the same, That all Gun Powder imported &
landed at the Port of Boston, shall be brought to & lodged
in the Powder House or Magazine in said Town, & not
elsewhere, on pain of confiscation of all Powder put or
kept in any other House or place ; — one Moiety thereof
to and for the use & supply of the Public Store of the
State, & the other Moiety to the informer; Provided
nevertheless, That it shall & may be lawful for any person
to keep in his House, or Shop for Sale, by retail, the
quantity of Twenty-five pounds of Gun Powder at one
time, which quantity shall be kept in brass, copper or tin
Tunnels, & no otherwise, under the penalty of forfeiting
all such Gun Powder — one Moiety to the use of the Fire-
wards of the town of Boston, & the other Moiety to the
use of him or them who shall inform of the same.

Sect. 2d. And be it further enacted by the Authority
aforesaid, That for all Powder belonging to Merchants or
other private persons, put into the said Magazine, there
shall be paid to the use of the Commonwealth twenty cents
per barrel, containing one hundred Pounds weight, at the
receipt thereof, and ten cents per barrel of like weight,
per month, after the first month, during all the time which
it shall be stored or kept therein, & twenty five cents upon
each delivery of any quantity thereof; out of which (if
there be sufficient to answer it) , — the charge of looking
after the said House & the Powder lodged there shall be
defrayed — And the Governor, with the advice & consent
of the Council, is hereby authorized to appoint a Keeper
of the said Magazine, & to give necessary instructions &
orders from time to time, as they shall think fit, for regu-
lating the keeping, turning & managing of all Powder put

Acts, 1801. — Chapter 20. 293

into the said Magazine for the preserving thereof. And
the said Keeper shall give bond to the Treasurer' of the
Commonwealth, for the use thereof, in such sum & with
such surety as to the Governor & Council shall appear
proper, for the faithful discharge of the duties of his office.
And the Keeper of said House shall duly attend at proper
hours, to be assigned by the Governor & Council, for the
receiving & delivering out of Merchants' Powder. And
if, at any time, the payment for Merchants' Powder (an
account whereof shall be rendered on oath) will not defray
the expence of looking after the said House, so much as
is wanting shall be paid out of the Publick Treasury.

Sect. 3d. And be it further enacted, That no Gun Powder not
Powder shall be kept on board any Ship or other vessel board vessels
lying to, or grounded at any Wharf within the Port of whales.0™'
Boston ; and if any Gun Powder shall be found on board
such Ship or Vessel, lying at any Wharf or aground,
such powder shall be liable to confiscation, & under the
same penalty as if it were found lying in any House or
Ware-house.

Sect. 4th. And be it further enacted. That any person Fine forme-

2&1IV KGftPlDi?

within the town of Boston, that shall presume to keep in powder in any
his house, warehouse, or other building, any powder, 0U8e'
above what is by Law allowed, shall forfeit & pay, for
every half barrel, the sum of Twenty Dollars, & so in
proportion for any greater quantity over & above the
forfeiture & confiscation of the said Powder — one moiety
thereof to the use of the Town, — the other moiety to him
or them who shall inform of the same.

Sect. 5. And be it further enacted by the authority
aforesaid, That it shall be the duty of the Firewards of E^JK?"
the town of Boston, to prosecute for all breaches of this
Act in any Court proper to try the same ; & that a Law,
made in the year one thousand seven hundred & six, for
erecting a Powder house in the town of Boston, & one
act made in the year one thousand seven hundred &
fifteen ; — one act in the year one thousand seven hun-
dred & nineteen, & one act made in the year one thou-
sand seven hundred & eighty in addition to the same,
be, & hereby are repealed. Approved June 19, 1801,

294

Acts, 1801. — Chapters 21, 22.

Preamble.

Names of
persons incor-
porated.

1801. — Chapter 21.

[May Session, ch. 21.]

AN ACT TO CHANGE THE NAMES OF JOSEPH SPRAGUE STEARNS,
JOHN PARKER AND JEDEDIAH BAKER THE THIRD.

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority
of the same, That from and after the passing of this Act
Joseph Sprague Stearns, of Salem, in the County of Essex,
son of William Stearns, shall be allowed to take the name
of Joseph Sprague ; that John Parker, of Boston, in the
County of Suffolk, son of Isaac Parker, shall be allowed
to take the name of John Williams Parker ; that Jede-
diah Baker the third, of Yarmouth, in the County of
Barnstable, shall be allowed to take the name of Wash-
ington Baker; and said persons shall, in future, be re-
spectively known, and called by the names, which they
are respectively allowed to take as aforesaid, and the same
shall be considered as their only proper names, to all in-
tents and purposes. Approved June 19, 1801.

1801. — Chapter 22.

[May Session, ch. 22.]

AN ACT TO INCORPORATE EZRA MARVIN & OTHERS, BY THE
NAME OF THE ELEVENTH MASSACHUSETTS TURNPIKE COR-
PORATION.

WJtereas the highway leading from the south line of
Massachusetts through the east parish of the town of Gran-
ville, and through the towns of Blandford and Becket,
untill it comes to the turnpike road laid out by the Eighth
Massachusetts Turnpike Corporation north of the Meeting
House in said Becket, is rocky & mountainous, <& the ex-
pense of straightening making and repairing the same
through the said towns so that the same may be a good
carriage road, is greater than reasonably ought to be re-
quired of said towns.

Sec 1. Be it therefore enacted by the Senate and
House of Representatives in General Court assembled and
by the authority of the same, That Ezra Marvin, Elihu
Stow, Enoch Bancroft, William Cooley, William Cooley
junr., Clark Cooley, David Jones, Samuel Bancroft, Jesse
Munson, Amos Root, Lee Tinker, Jesse Spelman, Thomas
Gillit, Azariah Bancroft, Zadock Cooley, Roswell Rowley,

Acts, 1801. — Chapter 22. 295

Abner Warner, Nathan Bates, Oliver Dickinson, Israel
Parsons, Timothy Spehnan, Martin Moses, Charles Spel-
man, Asa Seymour, Eli Gibbons, James Coe, Oliver Coe,
Samuel Trail, Bethuel Jones, Joel Root, Jonathan Bar-
low, Daniel Cooley, James Barlow, Richard Dickenson,
Aaron Bigelow, Nathan Knox, John Crocker Jun., Levi
Boies, Asa Merit, Elihu Noble, Alexander Morrison,
William Thompson, Reuben Blair, David Adkins, Perry
Button, Benedict Bowditch, Solomon Noble, Russell
Atwater, Reuben Atwater, Nathaniel W. Little, Judah
Bement, Phineas Ashman, Abner Pease, Samuel Sloper,
John Upson, Martin Cannon, David Boies 2d, James
Freeland, John Hamilton, Alexander Asburn, Joseph W.
Brewster, David McConoughey, David McConoughey jr.
Samuel Cannon, Samuel Boies 2d, William Ferguson,
Robert Cannon, Solomon Stewart junr., William Boies
junr., Andrew Wilson, Samuel Knox, Zadock Brown,
Isaac Gibbs, Job Almy, William Stewart, Ephraim
Gibbs, Asa Blair, David Boies, David Blair, Samuel
Boies 3d, Abner Gibbs, Reuben Boies, Samuel C. Gibbs,
James Anderson, Jesse Bruce, James Baird, Aaron Baird,
Benjamin Taggard, Timothy Blair, Joseph Frary, Joseph
Frar}' junr., Ephraim Perkins, Abel Dewey, Jabez Wads-
worth, Seth Wadsworth, Bille Messenger, Oliver Brew-
ster, Barnabas Adams, James Rudd, Josiah Dwight,
David Lyman, David Munroe, John Frary, Eleazer
Frary, Edmund Barlow Jun., and all such other persons
as shall be associated with them, and their heirs and suc-
cessors be, and they hereby are constituted a Corporation,
by the name of The Eleventh Massachusetts Turnpike corporate
Corporation, with all the priviledges and powers incident natne'
to Corporations, for the purpose of laying out & making
a turnpike road, to begin at the south line of Massachu- Co",rse -°df ^hl
setts, at or near the ending of a turnpike road lately es-
tablished by the Legislature of the State of Connecticut,
from the city of Hartford to said south line of Massachu-
setts, thence into and through the east parish of Gran-
ville to Blandford Meeting house, and from thence through
the town street in Blandford by the usual Pittstield road,
so called, & into the town of Becket by the same road,
until 1 it connects with the road of the Eighth Turnpike
Corporation, with such variations only from the said Pitts-
tield road, as the nature of the ground and the avoidance
of hills difficult and dangerous of passage, shall require ;

296

Acts, 1801. — Chapter 22.

Rate of Toll.

An additional
gate allowed.

Commutation
of Toll.

and making the same in such place or places as the said
Corporation shall choose, & for keeping the same in re-
pair ; which road shall not be less than four rods wide,
and the path to be travelled in not less than eighteen feet
wide in any place ; And when the said turnpike road is
completed from the said south line of Massachusetts to the
Meeting house in Blandford, and approved of by a Com-
mittee appointed by the Court of General Sessions of the
Peace for the County of Hampshire for that purpose, then
the said Corporation shall be authorized to erect a Gate
in such place on the road so made and completed, as the
said Committee shall judge most convenient for collecting
the toll, and shall be entitled to receive of each traveller
or passenger, at the said Gate, the following rate of toll,
viz. For every Coach, Phaeton, Chariot or other four
wheel carriage drawn by two horses, twenty five cents;
and if drawn by more than two horses, an additional sum
of four cents for each horse — For every Cart or Waggon
drawn by two oxen or horses, ten cents ; & if drawn by
more than two oxen or horses the additional sum of three
cents for each ox or horse — For every Curricle twelve
cents and five milles — For every Chaise, Chair or other
carriage drawn by one horse, twelve cents & five milles
— For every man and horse five cents — For every sled
or sleigh drawn by two oxen or horses, seven cents : if
drawn by more than two oxen or horses, an additional
sum of two cents for each ox or horse — For every sled
or sleigh drawn by one horse five cents, — For all horses,
mules, oxen or neat cattle led or driven, besides those in
teams and carriages, one cent each. For all sheep or
swine at the rate of three cents per dozen. And when-
ever the said turnpike road is made and compleated from
the said Meeting house in Blandford to the turnpike road
in Becket, and approved of by a Committee appointed
by the Court of General Sessions of the Peace for the
respective Counties of Hampshire and Berkshire for that
purpose, then the said Corporation shall be authorized to
erect one other Gate on the same, in such place as the said
Committee shall judge necessary and convenient for col-
lecting the toll, and shall be entitled to receive thereat
from each traveller or passenger the same rate of toll as
at the first mentioned Gate. Provided that if the said
Corporation shall neglect to finish and complete the whole
of the said road within the time herein after prescribed by

Acts, 1801. — Chapter 22. 297

this act, then the said first mentioned Gate shall be re-
moved. Provided also that the said Corporation may, if
they see fit, commute the rate of toll with any person, or
with the inhabitants of any town through which the said
road passes, by taking of him or them a certain sum an-
nually, to be mutually agreed upon in lieu of the toll
aforesaid.

Sec. 2. And be it further enacted, That the said Cor- Corporation
poration may purchase & hold land over which they may and bold land,
make said road ; and the Justices of the Court of General
Sessions of the Peace in the County where the said road
is, are hereby authorized, on application of said Corpora-
tion, to lay out said road or any part thereof within their
respective Jurisdictions, as with the consent of said Cor-
poration they shall think proper : And the said Corpora-
tion shall be liable to pay all damages that shall arise to
any person by taking his land for such road, when the
same cannot be obtained by voluntary agreement, to be
estimated by a Committee of the Court of General Ses-
sions of the Peace in the County where such damage shall
arise, saving to either party the right of trial by Jury,
according to the Law which makes provision for the re-
covery of damages arising from the laying out of high-
ways.

Sec. 3. And be it further enacted, That if the said Cor- Penalty for
poration, their Tollgatherers, or others in their employ, pa^englrs.
shall unreasonably delay or hinder any traveller or pas-
senger at either of said Gates, or shall demand or receive
more toll than is by this act established, the Corporation
shall forfeit and pay a sum not exceeding ten Dollars, nor
less than one Dollar, to be recovered before any Justice
of the Peace of the County where the offence shall be com-
mitted, by any person injured delayed or defrauded, in
a special action of the case, the writ in which case shall be
served on said Corporation, by leaving a copy of the same
with the Treasurer or any individual member, at least seven
days before the day of trial ; and the Treasurer of said
Corporation, or any individual member, shall be allowed
to defend the same suit in behalf of said Corporation.
And the said Corporation shall be liable to pay all dam- corporation
ages that shall happen to any person from whom the toll BgeB?if0toe*road
is demandable, from defect of Bridges, or want of repairs ItpaiV.ke|'t in
in said road ; and shall also be liable to presentment by
the Grand Jury for not keeping the same in repair. And

298

Acts, 1801. — Chapter 22.

Penalty for
injuring the
road.

Penalty for
attempting to
evade the Toll.

Proviso.

Bhares deemed
personal estate
may be trans-
ferred, &c.

if the said road or any part thereof shall be suffered to be
out of repair, the Justices of the Court of Common Pleas,
within and for the County wherein the same may be, or a
major part of them, or a Committee to be appointed for
that purpose by said Justices, are hereby authorized to
order said Gates or either of them to be set open, said
Justices or their Committee having previously notified the
Clerk of said Corporation of complaint having been made
of the badness of the road, at least ten days previously to
the ordering them to be set open ; and immediately upon
the leaving such order in writing under the hands of said
Justices, or their Committee, with the Clerk of the Cor-
poration, the said Gate or Gates shall be opened, and no
toll shall be legally demandable or taken thereat untill the
said Justices, or their Committee shall grant a counter
order.

Sec. 4th. And be it further enacted, That if any per-
son shall cut, break down, or otherwise destroy or injure
either of the said turnpike gates, or shall dig up or carry
away any earth from said road, or in any manner damage
the same, or shall forcibly pass, or attempt to pass by
force either of said Gates, without having first paid the
legal toll at such Gate, such person shall forfeit and pay a
fine not exceeding forty dollars, nor less than two dollars,
to be recovered by the Treasurer of said Corporation to
their use, in an action of trespass on the case. And if
any person with his team, cart, or horse, turn out of said
road to pass either of the Gates, and again enter the said
road with an intent to evade the toll due by virtue of this
act, such person shall forfeit and pay three times as much
as the legal toll would have been, to be recovered by the
Treasurer of the Corporation to the use of the same, in an
action of trespass on the case : Provided that nothing in
this act shall extend to entitle the said Corporation to
demand and receive toll from any person or persons who
shall be passing with his horse or carriage to or from pub-
lic worship, or with his horse team or cattle, to or from
his common labour on his farm, or to or from any Grist
mill, or on the common & ordinary business of family
concerns within the same town, or from any person or
persons passing on military duty.

Sec. 5th. And be it further enacted, That the shares
in the said turnpike road shall be taken deemed and con-
sidered to be personal estate to all intents and purposes,

Acts, 1801. — Chapter 22. 299

and shall and may be transferable ; and the mode of trans-
fering said shares shall be by deed, acknowledged before
any Justice of the Peace, and recorded by the Clerk of
the Corporation in a Book to be kept for that purpose.
And when any share shall be attached on mesne process or
taken on execution without such previous attachment, an
attested copy of such writ of attachment or execution,
shall be left with the Clerk of the Corporation, otherwise
the attachment, or taking in execution shall be void, and
such shares may be sold on execution in the same manner
as is, or may by law be provided for making sale of per-
sonal property on execution, the officer making the sale,
or the Judgment Creditor leaving a copy of the execution
and the officer's return on the same, with the Clerk of the
said Corporation, within fourteen days after such sale,
and paying for recording the same, shall be deemed and
considered as a sufficient transfer of such share or shares
in the said turnpike road.

Sec. 6. And be it further enacted, That the said Cor- Authorized to

.... ^ , , . grant monies.

poration is hereby empowered to grant monies to such
persons as rendered services to the proprietors in explor-
ing the rout of the turnpike road or otherwise, previous
to the act of incorporation.

Sec. 7. And be it further enacted, That a meeting of SdlhSbuiilfeM
said Corporation shall be held at the house of Solomon to be transacted.
Noble, innholder in said Blandford, on Monday the thir-
teenth day of July next at ten o Clock in the forenoon,
for the purpose of choosing a Clerk, who shall be sworn
to the faithfull discharge of the duties of said office ; &
such other Officers as may then and there be agreed on by
said Corporation. And said Corporation may then and
there make and establish such rules and regulations as
they shall judge necessary, provided the same are not re-
pugnant to the laws of this Commonwealth, for regulating
the concerns thereof. And the said Corporation may then
and there agree upon such method of calling meetings in
future, as they shall judge proper.

Sec. 8. And be it further enacted, That the said Cor- An account of
poration shall within six months after the said road is com- expenses to be
pleted, lodge in the Secretary's Office an account of the exhibited-
expences thereof; and shall also annually exhibit to the
Governor and Council a true account of the income or
dividend arising from said toll, with their necessary annual
disbursements on said road.

300

Acts, 1801. — Chapter 22.

Penalty for
drawing logs,
&c, over the
road.

Shares of
delinquents
may be sold.

Sign-board to
be erected.

Power of
dissolving the
corporation
reserved.

Sec. 9th. And be it further enacted, That if any person
shall draw any log tree or stick of timber on or over said
turnpike road, except in the months of January and Feb-
ruary, unless said log, tree or stick of timber is loaded on
a cart or sled, or one end thereof is raised on a sled, cart
or other suitable carriage, he shall forfeit and pay to the
said Corporation three dollars for every log, tree or stick
of timber so drawn on or over said road, to be recovered
by action of debt.

Sec. 10. And be it further enacted. That when any
proprietor shall neglect or refuse to pay any tax or assess-
ment duly voted and agreed upon by the Corporation, to
their Treasurer, within sixty days after the time set for
the payment thereof, the Treasurer of said Corporation is
hereby authorized to sell, at public vendue, the share or
shares of such delinquent proprietor, one or more, as shall
be sufficient to defray said taxes and the necessary inci-
dental charges, after duly notifying, in the News papers
printed at Springfield and Stockbridge, the sum due on
such shares, and the time and place of sale, at least twenty
days previous to the time of sale ; and such sale shall be
a sufficient transfer of the share or shares so sold, to the
person or persons purchasing ; and on producing a certifi-
cate of such sale from the Treasurer to the Clerk of said
Corporation, the name of such purchaser, with the number
of shares so sold, shall be, by the Clerk, entered on the
books of the said Corporation, and such person shall be
considered, to all intents, the proprietor thereof; and the
overplus, if any there be, paid on demand by the Treas-
urer, to the person whose share was thus sold.

Sec. 11. And be it further enacted , That the said Cor-
poration shall, at the places where the said toll is collected,
erect, and keep constantly exposed to view, a sign or board,
with the rates of toll, and all the tollable articles, fairly
and legibly written or printed thereon in large or capital
characters.

Sec. 12. And be it further enacted, That the General
Court may dissolve said Corporation, whenever it shall
appear, to their satisfaction, that the income, arising from
said toll, shall have fully compensated the said Corpora-
tion for all monies they may have expended in exploring,
purchasing, taking care of* and repairing the said road,
together with an interest thereon of twelve per centum
by the year, and thereupon the property of the said road

Acts, 1801. — Chapter 23. 301

shall be vested in this Commonwealth, and be at their dis-
posal. Provided, That if the said Corporation shall neglect
to complete the said turnpike road for the space of five
years from the passing of this Act, the same shall become
void and of no effect. Approved June 19, 1801.

1801. — Chapter 23.

[May Session, ch. 23.]

AN ACT TO INCORPORATE ROBERT LAPISH AND OTHERS INTO
A COMPANY, FOR BUILDING A BRIDGE OVER KENDUSKEAG-
STREAM, IN THE TOWN OF BANGOR, IN THE COUNTY OF
HANCOCK.

Sec. 1st. Be it enacted by' the Senate and House of
Representatives, in General Court assembled, and by the
Authority of the same, That Robert Lapish, and such wnerethe
others as have, or may hereafter associate with him, and bebuiit.Bt°
become proprietors, be, and they are hereby incorporated,
for the purpose of building a bridge over Kenduskeag-
Stream, in the town of Bangor, in the County of Hancock,
beginning on the Northerly side of said stream, at a point
of Rocks on the place commonly called Budge's-farm, and
near Budge's mine, so called, and to cross said stream,
and a'join the Bank on the southerly side just above Mr.
William Hammond's store, by the name of The Bangor corporate
Bridge and Mill Company ; and they are hereby vested name'
with all the rights, powers, and privileges usually given
to corporations of a similar nature, and by the same name,
and style, may sue, and be sued to final Judgment and
execution, and do, and suffer all matters, and things, which
bodies politic, and corporate, may or ought to do, and
suffer, and shall have and use a common seal, which they
may break, alter, and renew at pleasure.

Sec. 2. And be it further enacted, That the said pro- Authorized
prietors be, and they are hereby impowered to purchase estate. rea
and hold land, or other real estate, which they shall find
necessary to effect, the general purpose of said Bridge,
not exceeding the amount of five thousand dollars in value,
and to hold the same in fee simple ; and that the share or
shares of any proprietor in said real estate and bridge shall
be transferable by deed, ac[&]nowledged, and recorded by
the Clerk of the said proprietors in a Book, or Books to
be kept for that purpose ; and when any share or shares
in said bridge and estate shall be attached on Mesne

302

Acts, 1801. — Chapter 23.

How the bridge
is to be built.

First meeting,
how to be

be transacted.

j)rocess, as the property of any of the said proprietors,
an attested copy of such process shall be left with the Clerk
of said proprietors at the time of such attachment, other-
wise it shall be void.

Sec. 3d. And be it further enacted, That the said
bridge shall be at least twenty-two feet wide, and covered
on the top with timber, or plank of three Inches, and an
half thick, and the side be boarded up one foot high, and
be railed for the security of passengers, three feet and an
half high, at least, and that the said bridge shall be kept,
at all times, in good, safe, and passable repair for, and
during the term of fifty Years.

Sec. 4. And be it further enacted, That the said Robert

called, and what Lapish, with any two of his associates, are hereby author-
business may • i n i /» . n i . .

ized to call the first meeting of the said proprietors, by

posting an advertizement in three several places in the
said town of Bangor, notifying the proprietors to meet
at such suitable time and place as shall be appointed in
said notifycation, twenty days, at least, previous to the
time fixed for said meeting ; and the said proprietors, by
a vote of the majority of those present, or represented at
said meeting, accounting one vote to each single share in
all cases, shall choose a moderator, Treasurer, and Clerk,
who shall be sworn to the faithfull discharge of his duty
in said office ; and shall also agree on a method for calling
future meetings, and at the same, or any subsequent meet-
ing, may elect such officers, and establish such rules and
bye-laws, a^ to them shall seem necessary and convenient,
for the regulation and Government of the said company,
for carrying into effect the purposes of this act : Provided
the said rules, and bye-laws shall not be repugnant to the
laws of this Commonwealth, and may annex penalties to
the breach of such bye-laws, not exceeding five dollars :
And this Act, and all rules and bye-laws, votes, and pro-
ceedings of the said Corporation shall be faithfully and
truly recorded by the said Clerk, in a book or books, for
that purpose to be provided and kept.

Sec. 5. And be it further enacted, That to reimburse
the said Robert Lapish, and his associates, for the expence
of building and keeping in good repair the said Bridge
for fifty years, the said Company shall have, exercise and
enjoy for fifty years the priviledge and use of so much of
the tide waters that may flow above the said Bridge, as
may be necessary for the use of such Mills as may be here-
after erected by said Proprietors.

The Company
allowed the
uce of certain
tide-waters.

Acts, 1801. — Chapter 24. 303

Sec. G. And be it further enacted, That the highway
on each side of said Bridge shall be laid out by, and main-
tained at the expence of said town of Bangor.

Sec. 7. And be it further enacted, That if the said J^I^JjJ^;
Proprietors shall neglect, for the space of four years from limited.
the passing of this Act, to build such Bridges, then this
act shall be void and of no effect.

Approved June 19, 1801.

1801. — Chapter 24.

[May Session, ch. 24.]

AN ACT FOR ESTABLISHING TURNPIKE GATES BETWIXT THE
LINES OF THE STATE OF CONNECTICUT AND THE NORTH
WEST PART OF LOUDON.

Whereas the Road leading from the Line of the State Preamble.
of Connecticut, near Holmes Mills, in Hartland, in the
County of Hartford, to Loudon in the county of Berk-
shire, is circuitous rockey, and mountaineous , and there is
much Travelling over the same, and the expence of straight-
ning making, and repairing a Road, through the middle
Parish in Granville, the West part of Blanford, and
Loudon, so that the same may be safe and convenient, for
Travellers with Horses and Carriages, tvould be much
greater, than ought to be required of the proprietors and
Inhabitants on the said Road, under their present circum-
stances :

Sec. 1st. Be it therefore Enacted, by the Senate and
House of Representatives, in General Court assembled,
and by the Authority of the same, That, John Phelps, Persons
Levi Curtiss, Stephen Stow, Nathan Curtiss, Thadeus incorP°rae
Squires, Rut'us Harvey, Abijah Knapp, Luther Hayes,
Isaac Snow, Luther Coe, Moses Parsons, Ephraim Coe,
Charles Curtiss, Linus Curtiss, David Curtiss. Rufus Rose,
Enoch Johnson, Enoch Coe, Benjamin Boxtord, Linus
Bates, Ehhu Barnes, Hezekiah Robinson, Joel Parsons,
Seth Parsons, Bela Scovill, Benjamin Scott, Stephen Pel-
ton, Moses Cook, John Webster, Comfort Beebee, Anthony
Pat mentor, Titus Hubbard, Thomas Burnham — and all
such Persons as shall associate with them and their Suc-
cessors, shall be a Corporation, by the name of the Thir- corporate
teenth Massachusetts Turnpike Corporation, with all the name'
Priveledges and Powers incident to Corporations ; for the
purpose of laying out and making a Turnpike Road, from

304 Acts, 1801. — Chapter 24.

the line of the State of Connecticut, near Holmes' Mill, by
the Meeting house, in the middle Parish in Granville, to the
north Westerly part of the Town of Loudon, in the County
of Berkshire, and for the keeping the same in repair in such
Place or Places, as the Corporation shall choose for the
same, which Road shall not be Less, than Four Rods wide,
and the part to be travelled on, to be not less than Eighteen
feet in wedth, in any Place, Excepting Steep side Hills;
and there the said Road, shall be of sufficient wedth, for
Carriages and Teams of all kinds, to pass each other, and
that when said Turnpike Road shall be sufficiently made,
and shall be allowed and approved by the Justices of the
Court of Sessions, of the County of Hampshire, at any
Term thereof, then the said Corporation shall be author-
ized to Erect Turnpike Gates on the same — in such man-
ner, as shall be necessary and convenient and shall be
Entitled to receive from each Travellor and Passenger,
Excepting those passing on Millitary duty, the following
Rate of Ton. Rate 0f yol^ to wit . For everv Coach, Phaeton, Charriot

and other four-wheel Carriage, drawn by Two horses,
Thirty cents, and if drawn by more than two Horses, the
additional sum of Five Cents for each Horse — for every
Cart, Waggon or Sled, drawn by Two Oxen, or Horses,
sixteen Cents — and if drawn by more than Two, the
additional Sum of Four Cents, for every such ox, or
Horse, — for every curricle, Twelve Cents — For every
sleigh drawn by Two Horses, Twelve Cents, and if drawn
by more than Two Horses, an additional sum of Four
Cents, for each Horse, — for every chaise, chair or other
carriage drawn by one Horse, Twelve Cents, for every man
and Horse Six Cents — for all Oxen, Horses or neat cattle
led or driven, besides those in Teams or Carriages, Four
cents each, for all Sheep and Swine, four Cents by the
dozen, and in the same proportion for a greater or Less
number — and the Justices of the Court of General Ses-
sions, of the Peace in the Counties of Hampshire, or Berk-
shire, are hereby authorised, on application from said
Corporation, to lay out such Road, or any Part thereof,
within their respective Counties, as with the consent of
the said Corporation, they may deem proper, and the said
Corporation shall be holden to pay all Damages which
taknenmaybe shall arrise to any Person, by taking his Land for such
Road, where it cannot be obtained by voluntary agree-
ment, to be estimated by a Committee appointed by the

Acts, 1801. — Chapter 24. 305

General Sessions of the Peace, in the Count}' in which
such Damage shall arise, saving to the Party the right of
Tryal by Jury, according to the Law which makes provi-
sion for the recovery of Damages, happening by laying
out Public high ways.

Sec. 2d. And be it further Enacted, that if said Cor- Penalty for
poration, their Toll gatherers, and others in their employ, paisen^ers.
shall unreasonably delay, or hinder any Traveller or Pas-
senger at said Gates, or shall Demand, and recede more
Toll than is by this act Established — The Corporation shall
forfeit and pay a sum not exceeding Ten Dollars, nor less
than One Dollar — to be recovered before any Justice of
the Peace, in either of the Counties aforesaid, where the
offence shall be committed, by any Person Injured, de-
layed or Defrauded, in a Special action on the case ; The
Writ in which shall be served on the Corporation, by leav-
ing a Copy of the same with the Treasurer, or with Two
Individual members of said Corporation, living within the
County wherein the offence shall be Committed, or read-
ing the contents thereof to said Treasurer, or individual
members, at least seven days before the day of Tryal, and
the Treasurer of said Corporation, or individual members ;
shall be allowed to Defend the same suit, in behalf of said
Corporation, and the Corporation shall be liable to pay all
damages, which shall happen to any person from whom
toll is by this act Demandable, for any damages, which
shall arise from Defect of Bridges, or want of repairs to Road to be kept
the said Road — within the same County — and shall also ln g00d repair-
be liable to a fine on presentment of the Grand Jury, for
not keeping the same way or Bridges thereon in repair —
and if the said Road or any Part thereof, shall be suffered
to be out of repair, the Justices of the Court of Common
Pleas, within and for the County, wherein the same may
be, or a major part of them, or a Committee to be appointed
for that purpose by said Justices, are hereby authorised
to order said Gate to be set open ; said Justices or their
Committee, having Previously notified the Clerk of said
Corporation, of Complaint having been made of the bad-
ness of the Road — at least Ten days previously to the
ordering them to be set open : and immediately upon the
leaving of such order in Writing, under the hands of
said Justices, or their Committee with the Clerk of the
Corporation, the said Gate shall be opened, and no Toll
shall be Legally demandable or taken thereat — until

306

Acts, 1801. — Chapter 24.

Penalty for
injuring the
road and for
attempting to
evade the toll.

Shares consid-
ered personal
estate.

First meeting
of proprietors.

Sign-hoard to
be erected.

Mode or trans-
ferring and of
attaching the
shares.

the said Justices or their Committee shall grant a counter
order.

Sec. 3d. And be it further Enacted; That if any Per-
son shall cut, break down, or Destroy, the said Turnpike
Gates, or shall forceably pass, or attempt by force to pass
the same, without having first paid the legal Toll at such
Gates, such persons shall forfeit and pay a Sum, not ex-
ceeding forty dollars, nor less than Two dollars, to be
recovered by the Treasurer of said Corporation, to their
use, in an action of Trespass — and if any person shall
with his Carriages, Team, Cattle or Horse, turn out of
said Koad to pass the Turnpike Gate on Ground adja-
cent thereto, and again enter on said Road, with an in-
tent to avoid the payment of the Toll, due by Virtue of
this act — such person shall forfeit and pay three times so
much as the Legal Toll would have been, to be recovered
by the Treasurer of the said Corporation, to the use
thereof, in an Action of Trespass, on the case, Provided
that nothing in this Act shall extend to entitle the said
Corporation to demand Toll of any Person, who shall be
passing with his Horse or Carriage, Team or Cattle, or on
foot, on his common & ordinary business, within the same
town, or to or from publick worship, or to & from any
mill.

Sec. 4th. And be it further Enacted, that the Shares
in the said Turnpike Road, shall be taken, deemed and
considered, to be personal Property or Estate to all in-
tents and purposes.

Sec. 5th. And be it further Enacted, That there shall
be a meeting of the said Corporation, held at the House
of Linus Bates, innholder in Granville, in the County of
Hampshire, on the first monday of August next, for the
purpose of choosing a Clerk, and such other Officers as
may then and there be agreed upon, by the said Corpora-
tion, for regulating the concerns thereof, and that the said
Corporation may then and there, agree upon such method
of calling meetings in future, as they may Judge proper.

Sec. 6th. And be it further Enacted, that the said
Corporation, shall at the place or places, where the Toll
shall be collected, Erect and keep constantly Exposed to
View, a Sign, or Board, with the rates of Toll of all the
Tollable articles, fairly and Legibly Written thereon, in
large or Capital Letters.

Si-:c. 7th. And be it further Enacted, that the mode
of Transfer! ng the shares in the said Turnpike, shall be

Acts, 1801. — Chapter 24. 307

by Deed, acknowledged before a Justice of the Peace,
and recorded by the Clerk of the said Corporation in a
Book kept for that purpose, and when any of the said
shares shall be attached on Mesne process, or taken on ex-
ecution, without such previous attachments, an attested
Copy of such writ of attachment, or Execution, shall be
left with the Clerk of the Corporation, otherwise the at-
tachment or taking on Execution shall be void, and such
shares may be sold on Execution, in the same manner, as
is, or may, by Law be provided, for the sale of personal
property by Execution ; the Officer making Sale or the
Judgment Creditor, leaving a Copy of the Execution and
of the Officers return on the same, with the Clerk of said
Corporation, within ten days after such sale, and paying
for the recording the same.

Sec. 8th. And be it further Enacted, that whenever shares of

. . i ii i c j_ rn delinquents

any proprietor, shall neglect or refuse to pay any lax or to be sow.
assessment duly voted and agreed upon, by the Corpora-
tion to the Treasurer, within Sixty days after the time set
for the payment thereof, The Treasurer of said Corpora-
tion, is hereby authorised to sell at public vendue, the
share or shares, of such delinquent Proprietor, one or
more, as shall be sufficient to defray said Taxes and nec-
essary incidental charges, after duly Notifying in the
Newspapers printed at Stockbridge & Har[<jford by Hud-
son & Goodwin, the sum due on any such shares, and the
Time and place of Sale, at least Twenty days previous to
the time of Sale, and such sale, shall be a sufficient Trans-
fer of the share, or shares, so sold, to the person pur-
chasing, and on producing a Certificate of such sale from
the Treasurer, to the Clerk of said Corporation, the name
of such purchaser, with the number of shares so sold,
shall be by the Clerk, entered on the Books of the said
Corporation, and such person shall be considered to all
intents and purposes the proprietor thereof : and the over-
plus if any there be shall be paid on Demand by the
Treasurer to the person whose shares were thus sold.

Sec. 9th. And be it further enacted, that the said statements of

. /. . -i t-, income and

Corporation shall within six months after the said Road expenses to be

is compleated, lodge in the Secretary's office, an account

of the Expences thereof, and that the Said Corporation

shall Annually Exhibit to the Govenor and Council, a

True account of the income, or Dividend, arising from the

said Toll, with their necessary annual Disbursements on

said Road, and that the Books of the said Corporation,

308

Acts, 1801. — Chapter 25.

Corporation
may be dis-
solved by the
General Court.

shall at all times, be Subject to the Inspection of the
General Court, or a Committee by them appointed, or to
the Inspection of the Governor & Council.

Sec. 10th. And be il further Enacted; That the Gen-
eral Court may dis[s]olve said Corporation, whenever it
shall appear to their Sattisfaction, That the income arising
from the said Toll, shall have fully compensated the said
Corporation, for all monies, they may have expended, in
purchasing and repairing and taking care of the said Road,
together with the Interest thereon, at the rate of Twelve
per Centum, by the year, and thereupon the property of
the said Road, shall be vested in this Commonwealth, and
be at their disposal — Provided that if the said Corpora-
tion, shall neglect to complete the said Turnpike Road,
for the space of Four years from the passing this act —
the same shall become Void, and of no effect.

Approved June 19, 1801.

Preamble.

1801. — Chapter 25.

[January Session, ch. 1.]

AN ACT, IN ADDITION TO THE SEVERAL ACTS NOW IN FORCE,
REGULATING THE TAKING OF THE FISH CALLED ALEWIVES,
IN THE TOWN OF MIDDLEBOROUGH.

Whereas doubts have arisen, whether the inhabitants of
said town of Middleborough are authorized by law to agree
with and hire any person or persons to take said fish, and
sell them at the price stipulated by law, and to account with
the said inhabitants for the net proceeds of the same:

Therefore, Be it enacted by the Senate and House of

Representatives, in General Court assembled, and by

Persons may (jie authority of the same, That from after the passing

be hired to take •in 1 n i • &

and seii the ash. of tbis act, it shall and may be lawful for the inhabitants
of said town, at any legal meeting, called for that as well
as other purposes, by themselves, or a Committee chosen
by them for that purpose, to agree with and hire such per-
son or persons as they may deem proper, to take said fish
at any or all of the fishing places in said town, and to
dispose of them at the price stipulated by law, being
accountable to the inhabitants of said town for the net
proceeds of the same. Approved January 21, 1802.

Acts, 1801. — Chapters 26, 27. 309

1801. — Chapter 26.

[January Session, ch. 2.]

AN ACT TO ESTABLISH A WATCH FOR PRESERVING THE
SAFETY & GOOD ORDER OF THE TOWN OF BOSTON.

Sec. 1st. Be it enacted by the Senate, and House of
Representatives, in General Court assembled, and by the
authority of the same, That the Selectmen of the town of f^p™^
Boston be, and they hereby are authorized from time to watchmen,
time to appoint such a number of their inhabitants to be
Watchmen by night in the town of Boston, as they shall
judge expedient, to be paid at the charge of that town.
And the said Selectmen are also further authorized and
empowered from time to time to appoint a Head Con-
stable, to superintend said Watch, as also a Constable for
each division thereof, and the several Constables of Divi-
sions are required to report every morning, an account of
their doings and of the state of the town during the night,
to the said Head Constable, in order that the same may
be communicated to the Chairman of the Selectmen daily.

Sec. 2d. And be it further enacted by the authority
aforesaid, That the Head Constable, the several Consta- Powers, &c. of
bles of Divisions, and the Watchmen appointed by virtue Watc men-
of this Act, shall have the same powers, and shall be held
and obliged to perform the same duties, as are required
of watchmen by a law of this Commonwealth passed
March the tenth, seventeen hundred and ninety seven,
entitled, "An Act for keeping Watches and Wards in
towns, and for preventing disorders in streets and public
places."

Sec. 3d. And be it further enacted by the authority
aforesaid, That the expenses that may be incurred by rea- Provision for
son of the establishment of the Watch aforesaid, shall be theexPeDBes-
raised, levied and collected as the other expenses of said
town are or may be raised, levied or collected, any law to
the contrary notwithstanding.

Approved January 29, 1802.

1801. — Chapter 27.

[January Session, ch. 3.]

AN ACT TO INCORPORATE THE PROPRIETORS OF THE NORTH
MEETING HOUSE IN SALEM, IN THE COUNTY OF ESSEX.

Sect. 1 . Be it enacted by the Senate and House of
Representatives, in General Court Assembled, and by the

310

Acts, 1801. — Chapter 27.

Corporate

name.

Authorized to
raise money.

The Proprietors Authority of the same, That the persons, who now are,

incorporated. */ •/ » m l » »

and who hereafter shall be, proprietors of the North Meet-
ing House in Salem, in the County of Essex, wherein the
Reverend Doctor Thomas Barnard Officiates, and of the
land under and adjoining the same, be, and they hereby
are incorporated and made a body politic and religious
Society, by the name of The Proprietors of the North
Meeting House in Salem, and in that name may sue and
be sued ; and shall be invested with all the powers, priv-
ileges and immunities, to which other religious Societies
in this Commonwealth are entitled by law ; and shall be
capable of purchasing and holding estate, real or per-
sonal ; Provided that the annual income of the whole
estate of said Corporation, beside the meeting House,
shall not, any time, exceed the value of three thousand
dollars.

Sect. 2. Be it further Enacted, That the proprietors
of said Meeting House be, and they hereby are, author-
ized and impowered to raise, by an assessment on the
pews and seats in said Meeting House, such Sum or Sums
of money, for the Settlement and maintenance of a Min-
ister or Ministers, repairing the Meeting House, and
defraying the other expences of Public Worship, with
incidental charges, as they shall agree on, at any legal
meeting called for that purpose, and the same may assess,
or cause to be assessed, upon such pews and seats, as the
proprietors, at any such meeting, shall determine on, ac-
cording to the respective original valuation thereof, as
recorded in the proprietors Book : Provided, however,
That exemptions from said assessment shall not be ex-
tended farther than to the pews on the floor, and the Seats
in the Gallery, which by the said Proprietors have hereto-
fore been exempted from assessment. And the sums so
assessed shall be paid by the Proprietors of such pews and
seats. And if any proprietor of a pew or seat shall neglect
to pay any assessment, which shall be legally made thereon,
for one year after the same shall have been made, the
Treasurer of said Proprietors shall be authorized and im-
powered to sell and convey all the estate and interest of
any such delinquent proprietor in the said Corporation at
Public auction, first giving notice thereof, fourteen days,
at least, previous to the sale, by posting up notifications
at two of the doors of said Meeting House ; and, upon
such sale, to execute a good and sufficient deed or deeds

Pews of delin-
quents may be
sold.

Acts, 1801. — Chapter 28. 311

thereof; And after deducting the amount of said delin-
quent's assessment, together with the legal interest thereon,
from the time the same was made, and all incidental
charges, the said Treasurer shall pay the surplus, if any
there be, to such delinquent Proprietor.

. Sect. 3. Be it further enacted, That all contracts here- Former con-
tofore made by the said Proprietors with their Minister tract
or others, shall devolve and be binding upon them by
their name, and in their Corporate capacity aforesaid.

Sect. 4th. And be it further enacted, by the authority
aforesaid, That Thomas Bancroft, Esqr. be, and he hereby First meeting.
is impowered and directed to issue his Warrant to some
principal member of said Corporation, requiring him to
warn the members thereof to meet at such time and place
as shall be therein set forth, to choose a Moderator, and
a Clerk, who shall be duly sworn, a Treasurer, and such
other Officers as the Proprietors shall judge necessary ; —
And the Moderator of that and all future meetings shall
have power to administer the Oath of office to the Clerk.

Approved February 5, 1802.

1801. — Chapter 28.

[January Session, ch. 5.]

AN ACT AUTHORIZING THE SALE OF MINISTERIAL LANDS IN
THE FIRST PARISH IN GORHAM, TO RAISE A FUND FOR THE
SUPPORT OF THE MINISTRY, AND APPOINTING TRUSTEES
FOR THOSE PURPOSES.

Whereas the first parish in Gorham, in the County of Pieamble-
Cumberland, have petitioned this Court for liberty to sell
their parsonage or ministerial lands, for the purpose of
raising a fund for the support of the ministry :

Sec. 1st. Be it therefore enacted by the Senate and
House of Representatives, in General Court assembled,
and by the authority of the same, That Stephen Long- Trustees,
fellow, esqr., Dudley Folsom, David Harding, James
Phinney, Thomas McLellan, Josiah Alden and William
McLellan, be, and hereby are appointed Trustees to sell
the same, and to put out at interest the monies arising
from such sale, in manner herein after mentioned, and for
that purpose.

Sue. 2d. Be it further enacted, That the said Trustees Corporate

ii i i • i-i'i ii i'j* name.

be, and they hereby are incorporated into a body politic
by the name of The Trustees of the Ministerial Fund in

312

Acts, 1801. — Chapter 28.

Officers to be
chosen.

The number
of Trustees.

Trustees
removable.

First meeting.

Lands to be
Bold.

the First Parish in Gorham, in the County of Cumber-
land; And they, and their successors, shall be and con-
tinue a body politic and corporate by that name forever ;
and they shall have a common seal, subject to be altered
at their pleasure. And they may sue and be sued in all
actions, real, personal and mixed, and prosecute and de-
fend the same to final judgment and execution by the name
aforesaid.

Sec. 3d. Be it further enacted by the authority afore-
said, That the said Trustees and their successors, shall and
may annually elect a President, and Clerk to record the
doings and transactions of the Trustees at their meetings,
and a Treasurer to receive and apply the monies herein
after mentioned, as herein after directed, and any other
needful Officers for the better managing of their business.

Sec. 4th. Be it further enacted by the authority afore-
said. That the number of Trustees shall not, at any one
time, be more than seven, nor less than five, any five of
their number to constitute a quorum for transacting busi-
ness ; and they shall and may, from time to time, fill up
vacancies in their number, which may happen by death,
resignation or otherwise, from the members of said parish ;
and shall also have power to remove any of their num-
ber who may become unfit and incapable, from age,
infirmity, misconduct or any other cause, of discharging
their duty, and to supply a vacancy so made, by a new
choice from the parish aforesaid. And the said Trustees
shall annually hold a meeting in March or April, and as
much oftener as may be found necessary to transact their
necessary business, which meetings, after the first, shall
be called in such way & manner as the Trustees shall
hereafter direct.

Sec. 5th. Be it further enacted, That William Gor-
ham, esqr. be, and he hereby is authorized to fix the time
and place for calling the first meeting of the Trustees, and
to notify each Trustee thereof.

Sec. 6th. And be it further enacted by the Authority
aforesaid, That said Trustees be, and they hereby are au-
thorized to sell and convey in fee simple, all the parson-
age and ministerial lands belonging to the said parish, and
to make, execute and acknowledge a good and sufficient
deed or deeds thereof, which deed or deeds, subscribed
by the name of their Treasurer, by direction of said Trus-
tees, with their seal thereto affixed, shall be good and

Acts, 1801. — Chapter 28. 313

effectual, in law, to pass and convey the fee simple from
said parish to the purchaser, to all intents and purposes
whatever.

Sec. 7th. Be it further enacted, That the monies aris- Money to be
rag from the sale of said lands, shall be put at interest as pu atlD ereB '
soon as may be, and secured by mortgage of real estate
to the full value of the estate sold, or by two or more
sufficient sureties with the principal, unless the Trustees
shall think it best to invest the same in public funded se-
curities, or bank stock, which they may do.

Sec. 8th. Be it further enacted, That the interest aris- interest to be

• -iiii ii loaned.

ing from time to time on such monies, shall be annually or
oftener if practicable, put out at interest, and secured in
manner aforesaid, unless invested in the funds or bank
stock as aforesaid, and also the interest accruing from
the interest, untill a fund shall be accumulated which
shall yield yearly the sum of four hundred Dollars in-
terest.

Sec. 9th. Be it further enacted, That as soon as an Minister to be
interest to that amount shall accrue, the Trustees shall 8uppore ■
forthwith apply the same for the annual support of the
congregational minister which may then be settled in said
parish, or which may thereafter be settled there. And
so long as the said parish shall remain without a settled
minister, the annual interest aforesaid shall be put out at
interest, and secured as aforesaid, to increase the said
fund, untill there be a re-settlement of a minister. And it
shall never be in the power of said parish to alienate, or
any-wise alter the fund aforesaid.

Sec. 10th. Be it further enacted, That the Treasurer ^rea8n1Bri^rle
of the Trustees shall give bond faithfully to perform his
duty, and to be at all times responsible for the faithful
application and appropriation of the monies which may
come into his hands, conformably to the true intent and
meaning of this act, and for all negligence or misconduct
of any kind in his office.

Sec. 11th. Be it further enacted, That the Trustees, Trustees not to

. /»i • i f iii be paid from

or their Officers, for the services they may perform, shall the fund.
be entitled to no compensation out of any monies aris-
ing from the fund aforesaid ; but if entitled to any, shall
have and receive the same of said parish, as may be mu-
tually agreed on.

Sec. 12th. Be it further enacted, That the said Trus- Annual
tees and their successors, shall exhibit to the parish, at B

314

Acts, 1801. — Chapters 29, 30.

Trustees
responsible.

their annual meeting in March or April, a regular and fair
statement of their doings.

Sec. 13th. Be it further enacted, That the said Trus-
tees, and each of them, shall be responsible to the parish
for their personal negligence or misconduct, whether they
be Officers or not, and liable to a suit for any loss or dam-
age arising thereby, the debt or damage recovered in such
suit to be for the use aforesaid.

Approved February 5, 1802.

Penalty, &c.
for damaging
an engine.

1801. — Chapter 29.

[January Session, ch. 4.]

AN ACT MORE EFFECTUALLY TO SECURE FIRE ENGINES FROM
BEING INJURED.

Whereas it has sometimes happened that some people,
from a wanton, and others from a malicious disposition,
have injured the Public Fire Engines, provided for the
extinguishment of fires which may unfortunately happen
in the habitations and other buildings of the inhabitants ; —
for prevention whereof in future,

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, That if any person shall wantonly or maliciously
spoil, break, injure, damage or render useless, any Engine,
or any of the apparatus thereto belonging, prepared by any
town, society, person or persons^ for the extinguishment
of fire, and shall be convicted thereof before the Supreme
Judicial Court, he shall be punished by a fine not exceed-
ing five hundred Dollars, or by imprisonment not exceed-
ing two years, at the discretion of the Court ; and be further
ordered to recognize with sufficient surety or sureties for
his good behaviour, for such term as the Court shall order.

Approved February 8, 1802.

Land set off.

1801. — Chapter 30.

[January Session, ch. 6.]

AN ACT TO SET OFF THE SOUTH-EAST PART OF LIVERMORE,

FROM SAID LIVERMORE TO THE TOWN OF LEEDS.

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority
of (he same, That all that part of Livermore, lying on the
cast side of Amorescoggin river, and to the southward of
a line beginning at said river, on the northern boundary

Proviso.

Acts, 1801. — Chapter 31. 315

of Increase Leadbetter's lot, and thence running east, to
the eastern boundary of said Livermore, with the inhab-
itants thereon, be, and the same hereby is set off from
said Livermore, and annexed to the town of Leeds in the
County of Kennebeck, and shall hereafter be considered as
part of the same.

Provided nevertheless, That the said tract of land, and
the inhabitants thereon, so set off, as aforesaid, shall be
holden to pay all such taxes as are already assessed, or
-ordered to be assessed by said town of Livermore, in the
same manner as they would have been if this act had not
been passed. Approved February 12, 1802.

1801. - Chapter 31.

[January Session, ch. 7.]

AN ACT REGULATING THE TAKING OF THE FISH CALLED ALE-
WIVES IN SEVEN MILE BROOK IN THE TOWN OF VASSAL-
BOROUGH IN THE COUNTY OF KENNEBECK.

Sec. 1st. Be it enacted by the Senate and House of
Representatives in General Court assembled, and by the
authority of the same, That said fish may be taken in said ^niy
Brook within said town of Vassalborough, at such time directed
or times only, as a Committee who may be appointed by
said town as is hereafter provided, may direct.

Sec 2d. Be it further enacted, That the inhabitants Fish committee
of said town of Vassalborough, at their meeting for the ° eapp0H
choice of town Officers in March or April annually, be,
and they hereby are authorized and directed to appoint
three five or seven persons a Committee to oversee the
taking said fish as aforesaid, which Committee shall dis-
tribute the fish taken by them, or under their direction,
as equally as circumstances will admit, to such person or
persons as may apply for the same ; and for the fish so
supplied and delivered, the Committee aforesaid shall
demand and receive of the person or persons applying
therefor, payment at such rate or rates as the inhabitants
of said town, at their annual meeting in March or April
may direct, excepting such poor persons as may be named
in a list to be annually made out by the Selectmen of said
town, and who in the opinion of the Selectmen are unable
to pay for the same, which list shall be given to the Com-
mittee ; and the person or persons borne on the same,
shall be supplied with such quantities of said lish gratis,
as the Committee may think expedient. And the Corn-

Fish to be taken
at times

316

Acts, 1801. — Chapter 32.

Committee to
be paid.

Penalty for
illegally taking
the fish.

Recovery of
penalties.

In case of
minors offend-
ing.

Committee-
men may give
evidence.

raittee aforesaid shall have such allowance for their
services as the inhabitants of said town at the time of
appointing said Committee shall determine ; and shall
annually in the month of September, next following their
appointment, exhibit their accounts to the Selectmen of
said town, for settlement and allowance ; and pay the bal-
ance remaining in their hands, if any, to the Treasurer
of the town of Vassalborough, for the town's use.

Sec. 3d. Be it further enacted, That if any person or
persons, other than the said Committee, or such persons
as shall be by them employed, shall take any of the said
fish in the said Brook, or any part of it within said town
of Vassalborough, at any time, or by any ways or means
whatsoever, each person so offending, shall forfeit and
pay a sum not exceeding ten Dollars, nor less than two
Dollars.

Sec. 4th. Be it further enacted That all penalties in-
curred by the breach of this Act, may be sued for and
recovered by the Treasurer of the town of Vassalborough,
for the time being, in any Court in the County of Kenne-
beck, proper to try the same ; and all sums so recovered
shall be appropriated to the use of said town. And in case
any minor or minors shall offend against any part of this
act, and thereby incur any or either of the penalties afore-
said, in all such cases, the parents, masters or guardians of
such minor or minors, shall be answerable therefor : and
in case of a prosecution of such minor or minors for any
such offence, the action shall be commenced- against the
parents, masters or guardians of such minor or minors
respectively, and judgment rendered against any parent,
master or guardian in such case, in the same manner as
for his or their personal offence.

Sec. 5th. And be it further enacted, That no person by
reason of being one of said Committee, shall be thereby
disqualified from being a witness in any prosecution for a
breach of this act. Ajyroved February 16, 1802.

Preamble.

1801. — Chapter 32.

[January Session, ch. 8.]

AN ACT TO INCORPORATE MARK LANGDON HILL, AND OTHERS
FOR THE PURPOSE OF BUILDING A BRIDGE ACROSS WIN-
N0GANCE CREEK.

Whereas application hath been made to this Court for
permission to build a Bridge over Winnogance Creek,

Acts, 1801.— Chapter 33. 317

which runs between the town of Georgetown, and the town
of Bath, in the County of Lincoln, and it appearing that
a Bridge in said place will be of Public Utility.

Sect. 1. Be it enacted by the Senate & House of Rep-
resentatives, in General Court assembled, & by the Author-
ity of the same, that Mark Langdon Hill, and Joshua Persons
Shaw Esquires, together with their associates, and those ,ncorporate
who shall hereafter associate with them with their heirs &
assigns, be, and hereby are constituted a Corporation and
Body-Politic, for the purpose of erecting a Bridge over
said Winnogance Creek, at or near the Northwestern end
of Timber Island. — Provided, that within the term of Provi8°-
Five years from the passing of this Act, the said Bridge
shall be built, kept open, free, and made convenient and
Safe for the accommodation of travellers : and that the
said Bridge be so constructed, as that a Gondola, loaded
with hay, may conveniently pass under the same.

Approved February 16, 1802.

1801. — Chapter 33.

[January Session, ch. 9.]

AN ACT TO INCORPORATE JOSHUA SHAW & OTHERS, FOR THE
PURPOSE OF BUILDING A BRIDGE ACROSS NEW-MEADOW-
RIVER.

Whereas application has been made to this Court, for Preamble.
permission to build a Bridge over New-Meadow -River ,
which runs between the town of Brunswick in the County
of Cumberland, and the town of Bath, in the County of
Lincoln, at or near Brown's ferry, so called; and it ap-
pearing that a Bridge in said place, will be of public
Utility :

Be it enacted by the Senate & House of Representatives,
in General Court assembled, and by the Authority of the
same, — that Joshua Shaw, & Samuel Davis, together persons
with their associates and those who shall hereafter asso- incorP°rated-
ciate with them, their heirs, and assigns, be, and hereby
are constituted a Corporation, and Body-Politic, for the
purpose of erecting a Bridge over said New-Meadow-
River, at or near Brown's ferry, in the most convenient
place. — Provided that the said Bridge shall be so con-
structed, as that any vessel, without masts, can pass under
the same, at any suitable time of the tide. Provided Proviso.
also, that the said Bridge, within the term of five years,

318

Persons
incorporated.

Proviso respect-
ing taxes.

Boundaries.

Acts, 1801. — Chapters 34, 35.

from the passing of this Act, shall be built, railed, made
convenient, and kept open, and free at all times, for the
accommodation of travellers.

Approved February 16, 1802.

1801. - Chapter 34.

[January Session, ch. 10.]

AN ACT TO SET OFF TIMOTHY ARNOLD, & THIRTEEN OTHERS
FROM THE TOWN OF WASHINGTON, AND ANNEX THEM TO
THE TOWN OF LENOX IN THE COUNTY OF BERKSHIRE.

Be it enacted by the Senate & House of Representatives,
in General Court assembled, and by the Authority of the
same, that Timothy Arnold, Luther Sears, Nathan Miller,
Levi Carrier, Ira Gay lord, Asahel Brown, Thomas Hub-
bard, Ebenezer Attley, John Morehouse, Tho. Morehouse,
Daniel Jones, James Sears, Ebenezer Chapel, & Joseph
C. Chapel, with their families & Estates, as contained
within the limits herein described, be, and they are
hereby set off from the town of Washington, and an-
nexed to the town of Lenox, vizt. — Begining at Housa-
tonock river, and runing South Seventy three degrees,
East two hundred & sixty rods, thence south seventeen
degrees West, five hundred & fourteen rods, thence south
sixty degrees, west two hundred rods, to William Good-
speed's land.

Provided however, that the families and estates, hereby
set off, from the town of Washington, and annexed to the
town of Lenox, shall be holden to pay all such taxes as
are now due, or which have been ordered to be assessed
on them, by the said town of Washington, prior to the date
of this Act. Approved February 18, 1802.

1801. — Chapter 35.

[January Session, ch. 11.]

AN ACT TO DIVIDE THE TOWN OF POLAND, AND TO INCOR-
PORATE THE NORTHERLY PART THEREOF INTO A SEPERATE
TOWN BY THE NAME OF MINOT.

Sec. 1st. Be it enacted by the Senate and House of
Representatives in General Court assembled, and by the
authority of the same, That the northerly part of Poland,
in the County of Cumberland as described within the fol-
lowing bounds, with the inhabitants thereon, be, and they
are hereby incorporated into a seperate town by the name

Acts, 1801. — Chapter 35. 319

of Minot ; beginning at the south east corner of the town
of Turner, at a place called the Crooked Ripples, in the
Great Androscoggin River ; thence by a line drawn on the
middle of said river to the Great Falls, thence by the line
in the Act which incorporates the said town of Poland,
untill it strikes the Little Androscoggin River ; thence by
a line drawn on the middle of said river, untill it strikes
the southerly side line of Hebron, commonly called Davis'
line, to the south west corner of Turner ; and thence by
the line of said Turner, to the bounds first mentioned.
And the said town of Minot is hereby vested with all the
powers and priviledges, rights and immunities to which
other towns are entitled by the Constitution and Laws of
this Commonwealth.

Sec. 2d. And be it further enacted, That the said town Regulation
of Minot, shall pay all arrears of taxes which have been taxes, prop-
assessed upon them, together with their proportion of all eity' ^c
debts owed by the said town of Poland prior to the date
of this Act ; and that all questions relative to property
already existing, shall be adjusted and settled in the same
manner as if this Act had not been made ; and that the
public lands appropriated for the support of Schools, and
the town's stock of military stores, shall be estimated, and
divided in the same proportion that each town paid at the
time of the purchase thereof ; and that no pauper or pau-
pers shall be sent from either of the said towns to the other
for support, after this incorporation, but each town shall
support its own poor ; and if any person or persons here-
tofore belonging to the town of Poland aforesaid, and hav-
ing removed thence shall be returned thither again and
become a public charge, the same shall be paid by the
said towns of Poland & Minot, in proportion to the State
Tax laid on them severally from time to time.

Sec. 3d. And be it further enacted, That all future Assessing of
taxes levied on the two towns aforesaid, previous to a new
valuation, shall be assessed in the proportion of one third
to the town of Poland, and two thirds to the town of Minot.

Sec. 4th. And be it further enacted, That Nathaniel Firit meeting-
C. Allen Esqr. be, and he is hereby authorized to issue
his Warrant, directed to some suitable inhabitant of the
said town of Minot, requiring him to notify and warn the
inhabitants of the said town, qualified by law to vote in
town affairs, to meet at such time and place as shall be
expressed in the said Warrant, to choose all such Officers,

320

Acts, 1801. — Chapters 36, 37.

as other towns within this Commonwealth are required
by law to choose in the months of March or April annually ;
& the Officers so chosen shall be qualified as other town
officers are. Approved February 18, 1802.

How the fish
are to be taken.

Penalty for
breach of the
law.

1801. — Chapter 36.

[January Session, ch. 12.]

AN ACT TO REGULATE THE TAKING OF FISH CALLED ALE-
WIVES, IN THE TOWN OF BOOTHBAY IN THE COUNTY OF
LINCOLN.

Sec 1st. Be it enacted by the Senate and House of
Representatives in General Court assembled, & by the au-
thority of the same, That from and after passing this act,
the fish called Alewives, in the town of Boothbay, shall
not be taken in any other way or manner than with Dip
Nets, nor more than three days in a week, which days
shall be assigned by the Selectmen of said town in the
month of March or April annually, any law to the contrary
notwithstanding.

Sec 2d. And be it further enacted, that if any person
shall be guilty of taking said fish in said town, in any other
time or manner than is provided in this Act, he or they
shall be liable to pay a fine not exceeding thirteen Dollars,
nor less than three Dollars, for each and every offence so
committed ; to be sued for and recovered in any Court,
within the County of Lincoln, proper to try the same :
And all fines and forfeitures recovered by virtue of this
act, shall accrue to him or them who shall sue for and re-
cover the same. Approved February IS, 1802.

1801. — Chapter 37.

[January Session, ch. 13.]

AN ACT FOR ALTERING THE TIMES OF HOLDING THE COURT
OF GENERAL SESSIONS OF THE PEACE AND COURT OF COM-
MON PLEAS, NOW HOLDEN AT SALEM, WITHIN AND FOR
THE COUNTY OF ESSEX, ON THE SECOND TUESDAY OF JULY
ANNUALLY; AND AT NEWBURY PORT, WITHIN & FOR SAID
COUNTY, ON THE FIRST TUESDAY OF OCTOBER ANNUALLY;
AND FOR ESTABLISHING AN ADDITIONAL TERM FOR HOLD-
ING SAID COURTS IN SAID COUNTY.

Sec 1st. Be it enacted by the Senate and House of

Representatives, in General Court assembled, & by the au-

court at saiem. thority of the [of the] same, That the Court of General

Sessions of the Peace and Court of Common Pleas, which

Acts, 1801. — Chapters 38, 39. 321

are now by law to be holden at Salem, within and for the
County of Essex, on the second Tuesday of July annually,
shall hereafter be holden at Salem aforesaid, within and
for the County of Essex, on the last Tuesday of June
annually; and that the Court of General Sessions of the Court at New-
Peace and Court of Common Pleas, which are now by urypor •
law to be holden at Newbury Port, within and for the
County of Essex, on the first Tuesday of October an-
nually, shall hereafter be holden at said Newbury Port,
within & for the County of Essex, on the last Tuesday
of September annually, any law, usage or custom to the
contrary notwithstanding.

Sec. 2d. And be it further enacted, That from and £™£ at tp8-
after the passing of this Act, there shall be a Court of
General Sessions of the Peace, and a Court of Common
Pleas holden at Ipswich, within and for the County of
Essex, on the last Tuesday of December annually, in ad-
dition to those already established by lawT.

Approved February 20, 1802.

1801. — Chapter 38.

[January Session, ch. 14.]

AN ACT TO ALTER THE NAME OF THE TOWN OF THOMSON-
BOROUGH IN THE COUNTY OF LINCOLN.

Whereas the inhabitants of the town of Thomsonbor-
ough, have petitioned the Legislature to alter the name of
said town, and have stated the great length thereof, as a
reason for such alteration, therefore

Be it enacted by the Senate, and House of Representa-
tives in General Court assembled, and by the authority
of the same, That the town of Thomsonborough in the
County of Lincoln, shall hereafter be designated and
known by the name of Lisbon.

Approved February 20, 1802.

1801. —Chapter 39.

[January Session, ch. 15.]

AN ACT TO INCORPORATE THE PLANTATION OF CHESTER,
IN THE COUNTY OF KENNEBECK INTO A TOWN BY THE
NAME OF CHESTERVILLE.

Sec 1st. Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by the

322 Acts, 1801. — Chapter 39.

Boundaries. authority of the same, That the plantation of Chester in
the County of Kennebeck, as described within the follow-
ing bounds, with the inhabitants thereon, be, and they
are hereby incorporated into a town by the name of Ches-
terville, Begining at a beech tree at the southerly corner
of Tyngstown, thence north fifty eight degrees east, one
mile, and two hundred & five rods to a hemlock tree
standing in the south west corner of Farmington, thence
north sixty seven degrees east, one mile, and seventy five
rods to the confluence of the Little Norridgewock with
Wilson's stream, thence north forty nine degrees east, one
mile and ninety rods, to the confluence of said Wilson's
stream with Sandy river, thence easterly by said Sandy
river, and bounding thereon one mile and twenty rods, to
the mouth of Gurdy's brook or stream, thence southerly
by said Gurdy's brook, and bounding thereon three miles
and one hundred and eighty rods to a hemlock tree at the
south east corner of Chester purchase, thence continuing
on said brook southerly two miles and eighty rods to a
hemlock tree marked, near the mouth of Perry's stream,
so called, thence south thirty nine degrees east one mile
and two hundred rods to Parkers Pond ; thence southerly
by said Pond, to the north line of Fayette ; thence west-
erly by the said north line of Fayette four miles and
eighty rods to a birch tree, standing at the south east cor-
ner of Livermore, thence northerly by the east line of
Jay five miles and forty eight rods to the first mentioned
bound. And the said town is hereby vested with all the
powers, priviledges and immunities, to which other towns
are entitled by the Constitution and Laws of this Com-
monwealth.

First meeting. gEC> 2d. And be it further enacted that Stephen Tit-
coin b Esqr. be, and he is hereby authorized to issue his
Warrant, directed to some suitable inhabitant of the said
Chesterville, requiring him to notify and warn the inhab-
itants of said Chesterville, to meet at such convenient time
and place, as shall be expressed in said Warrant, to choose
all such Officers as towns are by law required to choose
in the months of March or April annually.

Approved February 20, 1802.

Acts, 1801. — Chapters 40, 41. 323

1801 — Chapter 40.

[January Session, ch. 16.]

AN ACT TO SET OFF CERTAIN TRACTS OF LAND, BEING PART
OF FAYETTE, AND PART OF THE LATE PLANTATION OF
GOSHEN, AND TO ANNEX THEM TO THE TOWN OF MOUNT
VERNON.

Be it enacted by the Senate, and House of Representa-
tives in General Court assembled, and by the authority of
the same, That the several parcels of land with the fami- Boundaries.
lies living thereon, with their estates be, and hereby are
set oft' from the town of Fayette, and the late plantation
of Goshen, in the County of Kennebec ; and annexed to
and made a part of Mount Vernon in said County, viz.
Beginning at the north east corner of lot, number seventy
three, and bounding on the west line of Mount Vernon,
thence westerly by the north line of said lot until 1 it
strikes Parker's pond, thence southerly by said pond and
bounding thereon, untill it strikes the north line of Fay-
ette, thence easterly by said pond and the stream issuing
therefrom and bounding on the same, untill it strikes the
west line of Mount Vernon, thence northerly by the west
line of Mount Vernon and bounding thereon, to the bound
first mentioned. Approved February 20, 1802.

1801. — Chapter 41.

[January Session, ch. 17.]

AN ACT TO INCORPORATE THE PLANTATION CALLED BROWN-
FIELD IN THE COUNTY OF YORK, INTO A TOWN BY THE
NAME OF BROWNFIELD, AND FOR ANNEXING A PART OF
SAID BROWNFIELD TO THE TOWN OF FRYEBURGH.

Sec. 1st. Be it enacted by the Senate, and House of
Representatives in General Court assembled, and by the
authority of the same, That the plantation heretofore called Boundaries.
Brownfield in the County of York as described within
the following bounds, with the inhabitants thereon be,
and hereby are incorporated into a town by the name of
Brownfield, begining at the south corner of Fryeburgh,
and running north forty three degrees and a half east,
four hundred and ninety five rods to the north west cor-
ner of Brownfield, on the east side of Saco River; thence
south sixty three degrees east, seventeen hundred and
seventeen rods to a tree marked ; then south thirty
degrees east, twelve hundred and twelve rods to Flints-

324

Acts, 1801. — Chapter 41.

First meeting.

Land set off to
Fryeburg.

Provision for
debts & taxes.

town line, then south sixty two degrees west sixteen hun-
dred and ninety one rods to Saco River, then up said river
as it tends to the place where Brownfield line comes to
Saco River on the west side, then across said river south
sixty two degrees west, four hundred and eighty rods to
the south corner of Brownfield, then north twenty eight
degrees west, eighteen hundred and seventy six rods to
the northeast corner of Porterfield, then south, seventy
six degrees and a half west, five hundred and eighty rods
to the line of New Hampshire ; then north six degrees &
a half east, to the line of that part of the Plantation of
Brownfield, which in this Act is set off to the town of
Fryeburgh, then north seventy six degrees and a half
east, nine hundred and eighty five rods to the bounds
begun at : And the said town is hereby invested with all
the powers and privi ledges, rights and immunities to which
other towns are entitled by the Constitution and Laws of
this Commonwealth.

Sec. 2d. And be it further enacted, That Moses Ames
Esqr. be, and he is hereby authorized to issue his War-
rant, directed to some suitable inhabitant of the said town
of Brownfield, requiring him to notify and warn the in-
habitants of the said town of Brownfield, to assemble and
meet at such convenient time and place as shall be ex-
pressed in said Warrant to choose all such Officers as
towns are by law required to choose in the months of
March or April annually.

Sec. 3. And be it further enacted, That the tract of
land as described within the following boundaries, and
which heretofore made a part of the plantation of Brown-
field be, and hereby is annexed to, and made a part of the
town of Fryeburgh viz. Beginning at the south corner
of Fryeburgh, at a stake and stones, thence running north
forty six degrees and an half west, eleven hundred and
seventy five rods on Fryeburgh line to a pine stump on
the line of New Hampshire, thence south six degrees and
a half west, nine hundred and ten rods to a beach tree
marked HYB, thence north seventy six degrees and a
half east nine hundred and eighty five rods, to the bounds
first mentioned.

Sec. 4th. And be it further enacted, That the inhab-
itants of the aforesaid tract hereby annexed to Fryeburgh,
shall be held to pay their proportion of all debts and taxes
owed by the said Plantation of Brownfield, prior to the
date of this Act. Approved February 20, 1802.

Acts, 1801. — Chapters 42, 43. 325

1801. — Chapter 42.

[January Session, ch. 18.]

AN ACT TO INCORPORATE THE PLANTATION CALLED GOSHEN,
OR WYMAN'S PLANTATION, IN THE COUNTY OF KENNEBECK,
INTO A TOWN BY THE NAME OF VIENNA.

Sec 1st. Be it enacted by the Senate, and House of
Representatives in General Court assembled, and by the
authority of the same That the tract of land as described Boundaries.
in the following boundaries, in the County of Kennebeck,
with the inhabitants thereon be, and they are hereby in-
corporated into a town by the name of Vienna, Beginning
at the northeast corner of lot, number seventy three on
the west line of Mount Vernon, or the west line of the
Plymouth patent, thence northerly to the south east corner
of New Sharon, thence westerly by the south line of New
Sharon untill it strikes Gurdy's pond, thence southerly
up Gurdy's Brook or Stream, so called, and bounding
thereon, to a large hemlock tree marked, near the mouth
of Perry's stream, so called, thence south thirty nine
degrees east one mile, and two hundred rods to Parker's
Pond, thence easterly across said Pond to the northwest
corner of said lot, number seventy three, thence easterly
by the north line of said lot to the bound first mentioned :
And the said town is hereby vested with all the powers,
priviledges & immunities to which other towns are entitled
by the Constitution and Laws of this Commonwealth.

Sec. 2d. And be it further enacted that Jedediah Pres- First meeting.
cot esqr. be, and he hereby is authorized to issue his War-
rant, directed to some suitable inhabitant of said Vienna,
requiring him to notify and warn the inhabitants of the
said Vienna, to meet at such convenient time and place as
shall be expressed in said Warrant, to choose all such Offi-
cers as towns within this Commonwealth are by law re-
quired to choose in the months of March or April annually.

Approved February 20, 1802.

1801. — Chapter 43.

[January Session, ch. 19.]

AN ACT TO EMPOWER THE INHABITANTS OF THE TOWN OF
MARBLEHEAD TO CHOOSE A BOARD OF HEALTH AND FOR
REMOVING AND PREVENTING NUISANCES IN SAID TOWN.

Sect. 1. Be it Enacted by the Senate and House of
Representatives in General Court assembled, and by the

326

Acts, 1801. — Chapter 43.

Members how
many, and
when to be
chosen.

Members to
examine into
nuisances.

Civil processes
not to be served
under color of
an entry pur-
suant to this
act.

authority of the same, That the freeholders and other In-
habitants of the town of Marblehead, qualified to Vote for
Town Officers, may in the month of March or April an-
nually, or at any other meeting legally called for the pur-
pose, choose a Board of Health consisting of nine persons,
the members of which Board of Health, shall Elect a Presi-
dent and a Clerk, whose duty it shall be to record the
Votes and doings thereof; and in case of the death or
resignation of any one of the members of said Board, the
said freeholders or other Inhabitants may at any meeting
legally called for the purpose ; elect a Member to supply
his Place.

Sect. 2. Be it further Enacted, That it shall be the
duty of the Board of Health, and each Member thereof,
to examine into all nuisances and other causes injurious
to the health of the Inhabitants ; whether the same shall
be caused by stagnant waters, drains, common sewers,
Slaughter Houses, Tanyards, fish, fish-houses, docks,
necessaries, hogsties, putrid animal or vegetable sub-
stances, or any other cause of whatever kind, which in
his or their Opinion may be injurious to the Health of the
Inhabitants as aforesaid, and upon complaint on oath being
made to any Justice of the Peace by any member of said
Board of Health, or other person, that he suspects any of
the nuisances or causes aforesaid to exist in any dwelling
House, cellar, Store or other building. Ship or Vessel, it
shall be the duty of such Justice to issue his Warrant,
directed to the Sheriff of the County of Essex or his
deputies, or to any Constable of the town of Marblehead,
commanding him or them forcibly to Enter, and together
with a Member of said board of Health, to search the same
in the day time, and upon the discovery of such nuisance,
or other cause injurious to the health of the Inhabitants,
to remove the same. Provided however, that no Sheriff,
or deputy Sheriff or Constable shall execute any Civil
process, either by arresting the body or attaching the
Goods and Chatties of any person or persons, under color
of an}' Entry made for the purposes aforesaid, unless such
Service could by law have been made without such entry ;
and all services so made under color of such entry, shall
be utterly void, and the officer making such service shall
be considered as a Trespasser to all intents, ab initio. And
any person or persons, who shall resist such search, shall
forfeit and pay the sum of Thirteen Dollars, to be recov-

Acts, 1801. — Chapter 43. 327

ered in manner hereinafter provided. And it shall be the
duty of the Board of Health, upon the discovery of any
such nuisance or other cause injurious to the health of the
Inhabitants of said Town, forthwith to remove the same.
And upon complaint to any Justice of the Peace within Justices
the said Town or in said County, made upon Oath, by one irecte
or more of said Board of Health, briefly therein Stating
the facts, together with the Costs of such removal, such
Justice shall grant a Warrant, therein expressing the sub-
stance of said Complaint, directed to the Sheriff of the
County of Essex, or his Deputy, or any Constable of the
town of Marblehead commanding him to notify and re-
quire the person or Persons in whose possession, or upon
whose estate such nuisance or other cause aforesaid existed ;
or in case of his absence, his Agent or Attorney, to appear
forthwith before such Justice, and if such person or per-
sons shall neglect then and there to appear, or appearing
shall not shew good cause, to the satisfaction of said Jus-
tice, why Judgment should not pass against him or them ;
the said Justice shall then and there adjudge that such per-
son or persons shall pay a fine of Thirteen Dollars, and
the costs of such removal and double costs of prosecution ;
and shall thereupon issue his Warrant directed to the
Sheriff of the County of Essex, or his deputy, or any
Constable of the Town of Marblehead thereby command-
ing him to levy the expence of said removal, together with
said fine and double Costs, on the goods and Estate, and
for want thereof, on the body of the said occupier or pro-
prietor of the House, land, cellar, docks, Store or Vessel
in which said nuisances existed, and said fine shall be paid
over to the Town Treasurer for the use of said Town. Pro-
vided always, that any person or persons aggrieved at any Appeal allowed.
Judgment of a Justice, passed against him or them, as
aforesaid, shall have a right to appeal therefrom, to the
Court of General Sessions of the Peace, then next to be
holden within and for the County of Essex, who shall hear
and determine on such complaint, as the case may require,
and thereupon render such Judgment as the Justice is
herein before authorized to do in an Original complaint
to him, with additional costs ; and the Judgment of said
Court thereon shall be final — Provided nevertheless, that Proviso,
no such appeal shall be granted, unless the respondent
shall claim the same on the day on which the Justices
Judgment shall be rendered, and shall enter into recog-

328 Acts, 1801. — Chapter 43.

nizance with two sufficient sureties to prosecute said appeal
with Effect — And said Board shall have authority to ap-
point Scavengers and such other Officers to assist them in
the execution of their Office, as they shall Judge neces-
sary ; for payment of whom, and all necessary expences
which may arise in the exercise of their office, the said
Board shall be Authorized to draw upon the Treasurer of
said Town.
Sing for sale Sect. 3. Be it further Enacted, that any Person who
putrid meat, shall offer for sale in the Town of Marblehead, or shall
have in possession any tainted or putrid Salted meat, or
pickled fish, which shall be so deemed by any two of the
Board of Health upon conviction thereof in manner afore-
said, shall forfeit the sum of two dollars for each barrel
so offered for sale, or that he shall have in possession —

Packers of fish And ft shall be the duty of every licenced Packer of Pro-
ana provisions ,. _. * • • /i . . ., -p. -,

directed. visions and Pickled nsh, to give information to the Board

of Health, or some one of them, of any such meat or fish,
that shall come to his knowledge, and shall more-over be
sworn before the President of the Board of Health, or
some one of said Board, to give such information, before
he shall execute that trust, after said Board of Health shall
have been chosen ; and the said President and members,
are hereby severally authorized to administer said Oath.
And if any packer of Provisions shall repack any meat or
fish, that shall be unwholesome, or not fit for use, and be
thereof convicted before any Court competent to try the
same, he shall forfeit Two dollars for each barrel so re-
packed, and shall forever be disqualified for serving again
Fion"atgMrtain m that capacity ; and no provisions shall be repacked in
times forbidden tne saj(j 'fown of Marblehead, between the first day of

without permit, . ' , J .

&c June and the first day of October in any lear, unless in

such place or places therein, where permission therefor
shall be Obtained in writing from the Board of Health,
and any person or persons who shall repack any provi-
sions within the times aforesaid in the said Town of Mar-
blehead in any place or places where permission therefor
in writing hath not been first obtained of said Board of
Health, shall forfeit the sum of two dollars for each barrel
so repacked.
wifhrespect Sect. 4. Be it further Enacted, that no person or per-

to uiinng sheep, ,s(>ns, without first obtaining permission therefor from tho
Board of Health or two members thereof, shall kill any
sheep or lambs, or expose to Sale within said Town, be-

Acts, 1801. — Chapter 43. 329

tween the first day of July and the Twentieth day of Sep-
tember in any year, the meat of any sheep or lambs, which
shall have been killed within two days, after such sheep
or lambs shall have been driven into said Town, and every
person who, without having first obtained such permission,
shall within the times aforesaid, kill any sheep or lambs
within said Town, within two days after such sheep or
lambs shall have been driven into the same, or shall expose
or offer for sale within said Town, the meat of any Sheep
or lamb, which shall have been so killed, shall forfeit and
pay for each offence, twenty dollars, and the meat of every
sheep or lamb so killed shall be forfeited, and the said
board of Health or any two of them, may, and it shall be
their duty to seize and remove the same, and dispose
thereof so as that the health of the Inhabitants may not be
endangered thereby ; and in any Action or prosecution
against the members of said Board of Health, or either of
them, for seizing any meat of Sheep or lambs, by Virtue
of this act, the plaintiff or prosecutor, shall be held to
prove that such sheep or lambs, were killed after the ex-
piration of two days from the time the same were driven
into said Town, or by the permission of said Board of
Health.

Sect. 5. Be it further Enacted, that no untanned direct the places
hides shall be Stored or kept in the town of Marblehead S^Swge"?"
aforesaid, between the first day of May and the first day
of december, except in such place or places as the Board
of Health shall direct and appoint and that all such hides,
found in any other place or places in said Town within the
times last mentioned, shall be forfeited, unless removed
to such place as the Board of Health shall direct, without
the limits of said Town, by the owner thereof, within
twenty four hours after notice given him by the said
Board of Health or any two of them, and such hides so
forfeited, shall and may be seized by any two of said
Board of Health, and shall and may be libelled and tryed
in the same way and manner, and by the same process as
is provided for the trial of Gun powder, seized according
to law — And any person or persons, who shall throw Penaityfor

,. Tim l-m • i . ,i ni . throwing tilth,

upon the Wharves or Shores, or into any ot the docks in &c into the
the Town, any putrid meat, fish, or any other putrid or docks> &c-
offensive Substance, or any thing contrary to the order
or regulations of the Board of Health, shall forfeit and
pay for each offence a sum not less than two dollars nor

330

Acts, 1801. — Chapter 43.

Certain powers
of the Selectmen
transferred.

Visiting
Physician.

The Board to
exercise the
powers of a
health com-
mittee.

more than thirteen dollars at the discretion of the Court,
which may have cognizance of such offence ; that all mas-
ters of vessels who shall throw upon the wharves or
shores, or into any of the Docks of said Town, without
permission from the Board of Health any filth or Sweep-
ings of the Vessels holds, which may endanger the health
of the Inhabitants of said Town, shall forfeit a sum not
less than five dollars, nor more than fifty dollars for each
offence.

Sect. 6. Be it further Enacted, that all the powers
& duties which are given to & required of the Select-
men of the town of Marblehead by a certain Law of this
Commonwealth, passed the twenty second day of June,
one thousand seven hundred & ninety seven, entitled,
" An Act to prevent the spreading of Contagious Sick-
ness,"— & also one other Law of said Commonwealth,
passed the twenty sixth day of February, eighteen hun-
dred, entitled, "An Act in addition to an act, entitled,
" An Act to prevent the spreading of Contagious Sick-
ness" shall be, & they hereby are transferred to & made
the duty of the said Board of Health, any thing in said
Laws to the contrary notwithstanding.

Sect. 7. Be it further Enacted, that the said Board
of Health, be & hereby are impowered from time to time,
to choose a suitable & discreet person to act as a visiting
Physician to said Board, whose duty it shall be to visit all
vessels coming from any place or places, in which the
said Board shall think any contagious Sickness prevails ;
& such Physician shall be under the direction of said
Board, & may be removed by them whenever they shall
see cause. And whereas by the Eleventh Section of the
Act of this Commonwealth, entitled, " An Act to prevent
the spreading of Contagious Sickness," it is enacted, that
each Town & District in this Commonwealth, may at their
Meeting held in March or April, annually, or at any other
meeting legally warned for that purpose, when they shall
judge it to be necessary, choose & appoint a Health Com-
mittee, in the manner & for the purposes in said Eleventh
Section mentioned.

Skct. 8. Be it Enacted, that so much of said Law as
respects the future appointment of a Health Committee
for the Town of Marblehead be & the same is hereby re-
pealed & that the Board of Health to be appointed by
virtue of this Act, be, & they hereby are made & shall be

Acts, 1801. — Chapter 44. 331

the Health Committee for the Town of Marblebead, & be
invested with all the powers & duties which are granted
to, or imposed upon said Health Committee in & by said
Act.

Sect. 9. Be it farther enacted, that all Penalties & £pEristion
forfeitures arising from this Act, except in those cases in
which it is herein otherwise provided, shall accrue to the
use of the Town of Marblehead, & shall be prosecuted &
recovered by Action of Debt in the name of the President
of the said Board of Health, or by information in any
Court competent to try the same. And it shall be the
duty of the Board of Health & of each Member thereof
to pursue & enforce the due execution of the foregoing
Law, & prosecute all offenders for all Penalties & forfeit-
ures which may accrue under the same.

Approved February 22, 1802.

1801. — Chapter 44.

[January Session, ch. 20.]

AN ACT TO INCORPORATE THE PLANTATION NUMBER TWO,
IN ABBOT'S PURCHASE, LYING ON BOTH SIDES "OF SANDY
RIVER, IN THE FIRST RANGE OF TOWNSHIPS, NORTH OF
GREAT AMERESKOGGEN RIVER, IN THE COUNTY OF KEN-
NEBECK, INTO A TOWN BY THE NAME OF AVON.

Sect. 1. Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by the
Authority of the same, that the plantation number two, in Bouudanes.
Abbot's purchase, (so called) lying on both sides of
Sandy river, in the first range of townships, North of
Great Amereskoggen river, in the County of Kennebeck,
with the Inhabitants thereon, as described within the fol-
lowing bounds, be and they are hereby incorporated into
a town, by the name of Avon. Northerly by number
three in the same range, Easterly by the town of Strong,
Southerly by number one in the same range, and West-
erly, by the townships numbered five and Six, containing
twenty two thousand & five hundred Acres, as appears by
a Survey made by Samuel Titcomb in the year 1793, a
plan of which is remaining in the office of the Committee
for the Sale of Eastern Lands, reference thereto being
had. And the said town of Avon, is hereby invested,
with ;il I the powers, privileges, rights and immunities,
with which other towns are vested by the Constitution &
Laws of this Commonwealth.

332

First meeting.

Acts, 1801. — Chapter 45.

Sect. 2. And be it further Enacted that William
Read Esqr. be, and he is hereby authorized to issue his
Warrant, directed to some suitable inhabitant of said
Avon, requiring him to notify & warn the Inhabitants of
the said Town, qualified by law to vote in town affairs, to
meet at such convenient time & place, as shall be Ex-
pressed in said Warrant, to choose all such officers as
towns within this Commonwealth, are by law required to
choose, in the months of March or April annually.

Approved February 22, 1802.

Boundaries.

1801. — Chapter 45.

[January Session, ch. 21.]

AN ACT TO INCORPORATE THE PLANTATION NUMBER TWO,
OR NEW VINEYARD, IN THE FIRST RANGE OF TOWNSHIPS
LYING ON THE WEST SIDE OF KENNEBECK RIVER, & NORTH
OF THE PLYMOUTH CLAIM, IN THE COUNTY OF KENNE-
BECK, INTO A TOWN BY THE NAME OF NEW VINEYARD.

Sec. 1st. Be it enacted by the Senate and House of
Representatives in General Court assembled, and by the
authority of the same, That the plantation heretofore
called Number Two or New Vineyard, in the first range
of Townships lying on the west side of Kennebeck river,
and north of the Plymouth claim, in the County of Ken-
nebeck, as described within the following bounds, with
the inhabitants thereon be, and they are hereby incorpo-
rated into a town, by the name of New Vineyard. Begin-
ning at the northwest corner of Anson, thence south six
miles and one quarter to the southwest corner of said
Anson, thence west four miles and forty rods on the plan-
tation called Industry, thence south one mile and one
hundred & fifty nine rods to Clearwater pond, thence
southwesterly by said pond, and bounding thereon eighty
six rods, to the east line of Farmington, thence north two
hundred and twenty five rods to the northeast corner of
said Farmington ; thence west one mile, and one hundred
and ninety six rods to the southwest corner of Strong ;
thence north seven miles and one hundred and twenty
five rods to the northeast corner of said Strong ; thence
east six miles to the bound first mentioned : And the said
town is hereby invested with all the powers, priviledges,
rights and immunities with which other towns are vested
by the Constitution and Laws of this Commonwealth.

Acts, 1801. — Chapters 46, 47. 333

Sec. 2d. And be it further enacted, That Supply Flrat meeting.
Belcher Esqr. be, and he hereby is authorized to issue
his Warrant, directed to some suitable inhabitant of said
New Vineyard, requiring him to notify and warn the in-
habitants of the said town, qualified by law to vote in
town affairs, to meet at such time and place as shall be
expressed in said Warrant, to chuse all such Officers
as other towns within this Commonwealth are by law
required to choose in the months of March or April
annually. Approved February 22, 1802.

1801. — Chapter 46.

[January Session, ch. 22.]

AN ACT, IN ADDITION TO THE SEVERAL ACTS PASSED RE-
SPECTING ANDOVER BRIDGE.

Be it Enacted by the Senate and House of JRepresenta-
tives in General Court assembled, and by the authority of
the same — That the Proprietors of Andover Bridge, in
the County of Essex, be and hereby are authorized and
impowered, to rebuild said Bridge, with suitable materials,
in the manner as in said Acts are provided, to be at least,
twenty feet in width, instead of twenty eight, as in the
Acts aforesaid is directed.

Approved February 25, 1802.

1801.— Chapter 47.

[January Session, ch. 23.]

AN ACT CONTINUING IN FORCE, FOR CERTAIN PURPOSES, TWO
ACTS HERETOFORE PASSED RESPECTING THE DIVISION OF
THIS COMMONWEALTH INTO DISTRICTS FOR THE CHOICE OF
REPRESENTATIVES IN THE CONGRESS OF THE UNITED
STATES.

Be it enacted by the Senate and House of Representa-
tives in General Court assembled and by the Authority of
the same, that an Act passed the twenty seventh day of
June in the Year of our LORD one thousand seven hun-
dred & ninety four, entitled "An Act for dividing the
Commonwealth into districts for the choice of Representa-
tives in the Congress of the United States, and prescrib-
ing the mode of Election ; " and also an Act in addition
thereto passed the sixteenth day of June in the Year of
Our LORD one thousand seven hundred and ninety six
be, and hereby are continued in full force for the purpose

334

Acts, 1801. — Chapter 48.

of supplying any vacancy which has happened or which
may hereafter happen in the Representation of this Com-
monwealth in the present Congress of the United States
— and like proceedings for supplying such vacancies
shall, from time to time, be had, and the same penalties
for neglect of duty, incurred, as are provided in the sev-
eral Acts aforesaid. Approved February 25, 1802.

Managers.

Bonds and an
oath required.

Prizes when to
be paid, &c.

1801. —Chapter 48.

[January Session, ch. 24.]

AN ACT GRANTING A LOTTERY FOR THE PURPOSE OF REN-
DERING THE LOCKS AND CANALS AT SOUTH HADLEY PASSA-
BLE FOR BOATS, AND RAFTS OF TIMBER, WITHOUT THE AID
OF A DAM ACROSS CONNECTICUT RIVER.

Sec 1st. Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by the
authority of the .same, That the sum of Twenty thousand
Dollars be raised by lottery for the purpose of rendering
the Locks and Canals at South Hadley passable for boats
and rafts of timber, without the aid of a Dam across Con-
necticut river, and that Thomas Dwight, Justin Ely, Jon-
athan D wight, Joseph Lyman Junr., and John Williams
Esquires be, and they hereby are appointed Managers of
said lottery ; whose business it shall be from time to
time, to make and publish such scheme or schemes, as
shall in their opinion best promote the purposes of said
lottery, and for drawing said lottery and transacting the
other business thereof.

Sec 2d. And be it further enacted that the said Mana-
gers before they enter on the duties of their said office
shall give seperate bonds to the proprietors of the Locks
and Canals on Connecticut river, in the sum of Five thou-
sand Dollars with sufficient surety, each to be answerable
for his own default, and shall take an oath for the faithful
performance of said trust.

Sec. 3d. And be it further enacted, That the prizes
in said lottery shall be paid by the managers in thirty
days after the drawing of each class of said lottery is
completed ; those prizes not demanded within one year
after the publication of the drawing of the said lottery,
shall be considered as generously given for the purpose
for which this lottery is granted. And the Managers are
hereby directed from time to time as the classes shall be

Acts, 1801. — Chapter 49. 335

drawn, to pay to the Treasurer, for the time being, of
said proprietors of Locks and Canals, the net proceeds
after deducting the compensation that the said proprietors
shall allow them for their services.

Sec. 4th. And be it further enacted, That the Man- schemes, &c.
agers shall publish the schemes of this lottery, the time ° epu
and place of drawing, and the list of prizes, in one or
more of the public News papers.

Sec. 5th. And be it further enacted, That it shall be Parts of tickets

. »r n c i not t0 be sold

the duty of the said Managers, & or every ot them to at an advance,
prevent, as far as may be, the selling of any fractional
parts of Tickets ; and if any person shall deceitfully, or
by any pretence of convenience to the purchasers, make,
utter or sell any fractional part of a Ticket in the said
lottery or any class thereof, putting upon any such part
any advance, the person or persons purchasing such frac-
tional part of a Ticket, may recover back the whole sum
which shall appear to have been paid therefor, and may
have an action for the same for money had and received
to his or their use.

Sec. 6th. And be it further enacted, That this Act, K^Ciied!
as to the grant of the said lottery, shall continue and be
in force for the term of four years, and untill the end of
the next session of the General Court which shall be then
after, and no longer. Approved February 25, 1802.

1801. — Chapter 49.

[January Session, ch. 25.]

AN ACT TO INCORPORATE CERTAIN PERSONS AS TRUSTEES
OF A FUND FOR THE SUPPORT OF A CONGREGATIONAL
MINISTER IN THE TOWN OF KINGSTON IN THE COUNTY
OF PLYMOUTH.

Whereas there are in the Treasury of the town of Kings- Preamble.
ton certain Monies <& Securities amounting to Eleven hun-
dred dollars which the Town at a legal meeting have
appropriated as a fund for the support of a Congrega-
tional Minister in said Town and have petitioned the
Legislature for an Act of incorporation of certain persons
for the due management thereof —

Sect. 1. Be it Enacted by the Senate and House of
Representatives in General Court assembled and by the
Authority of the same, that Zepheniah Willis, John Gray, Trustees.
Ebenezer Washburn, Jedediah Holmes, John Faunce,
John Thomas and Jedidiah Holmes Junr. be and are

336

Acts, 1801. — Chapter 49.

Fund limited.

Trustees to
execute deeds.

Annual meet-
ing.

hereby appointed Trustees to manage such fund as arc or
shall l)c raised and appropriated to the use aforesaid in
and for the town aforesaid, and for that purpose they are
hereby incorporated into a body politic by the Name of
The Trustees of the Funds appropriated to the Support
of a Minister of the Congregational denomination in the
Town of Kingston, and they and their Successors in said
Office are hereby vested with full power to receive into
their hands all Money or Securities for money already
raised, And all Monies, Subscriptions, donations, securi-
ties for real or personal Estate that may hereafter be Sub-
scribed given or raised for the purpose aforesaid and put
the same to use or interest untill it shall accumulate by
the interest arising thereon to a Sum the interest of which
shall be adequate to the support of a Minister as aforesaid
— Provided that the same fund shall never exceed nine
thousand dollars in the whole, and to apply the whole or
so much as may be necessary of the interest arising there-
from to pay the Salary of such Minister as aforesaid as the
majority of the Church and Congregation have settled or
shall settle, but not in any case to lessen or make use of
any part of the principal, & in case the whole of said annual
income & interest should be more than sufficient to pay the
Salary as aforesaid, then the surplus if any there be shall
be appropriated for the support of Schools in said Town,
or for enlarging said fund as the town may from time to
time order or direct, and if it shall so happen that said
Trustees shall become seized of land, or tenements by
Mortgage as Security for payment of any debts due to
said Society, or Corporation, or by levying executions
on lands for the discharge of debts due to said Trustees
or Town and the fee thereof shall in due Course of law be
Vested therein, it shall be lawful for said Trustees for the

time being: to execute g:ood and well authenticated war-
es ~

rantee deeds of the same.

Sect. 2. Be it further Enacted, That the Trustees
before mentioned shall forever hereafter hold a meeting
in the Town of Kingston in the Month of April annually,
the time and place of said meeting to be notified by the
major part of the Trustees by posting an Advertisement
in some public place in said Town seven days at least be-
fore the time of said meeting — At such meeting the major
part of the Trustees present may choose a Treasurer with
whom the money or securities for money constituting the

Acts, 1801. — Chapter 50. 337

funds may be deposited, and who shall under the controul
and by the order of the Trustees or major part of them
receive in, demand, sue for and recover as well from all
subscribers to said fund their heirs executors and admin-
istrators, the sums they have respectively subscribed for
the purposes aforesaid or the interest of the same only, as
from any person who shall hereafter subscribe a sum for
the purposes aforesaid his heirs executors and administra-
tors, and shall deliver up or pay out such money or secu-
rities, and the person so chosen shall give bond if required
at the discretion of the Trustees for the faithful performance
of his duty, and the major part of the Trustees present at £[ee*k,Uandand
such meeting are also empowered to choose a Clerk annually their duties.
who shall be under Oath to keep a true record of the pro-
ceedings and doing of the Trustees, and the Trustees are
further empowered from time to time, at any of their meet-
ings in the manner aforesaid, to fill up the Vacancies occa-
sioned by the death, resignation or removal of the Trustees.

Sect. 3. Be it farther Enacted That the said town Trustees
shall have full power from time to time to call said Trus- toCthentoawn.
tees to an Account for their conduct in managing said fund,
and the estate of each Trustee shall be liable to be taken
in execution on any judgment against such Trustees, re-
covered by the said town which is hereby authorized to
commence and prosecute an Action against said Trustees
or any of them for any embezzlement or neglect of refund-
ing monies in their hands, and the debt or damage recov-
ered by the said town in any such Judgment shall be to
and for the Use aforesaid.

Sect. 4. Be it further Enacted, That if Judgment J^'K?,?
shall be recovered against the said Trustees or any of them office-
for embezzlement or neglect as aforesaid such Trustee or
Trustees shall by that fact vacate his or their said Office,
and the Vacancy shall be filled up in the manner before
provided. Approved February 26, 1802.

1801. — Chapter 50.

[January Session, ch. 26.]

AN ACT TO INCORPORATE JOSEPH WOODMAN AND OTHERS
FOR THE PURPOSE OF MAINTAINING A BOOM ACROSS SAUKO
RIVER, BETWEEN BUXTON AND PHILLIPSBURGH IN THE
COUNTY OF YORK.

Sec. 1st. Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by the

338

Acts, 1801. — Chapter 50.

Persons
incorporated.

Proprietors
to meet and
choose a treas-
urer & clerk.

A record of
rules, &c.
enjoined.

authority of the same, That Joseph Woodman, Stephen
Hopkinson, Kichard Palmer, Joseph liankins, Andrew
Palmer, Joseph Spencer, Stephen Woodman, John Gar-
land, John Woodman, John Smith, Edmund Woodman,
John Edgarly, James Woodman, Moses Atkinson and
William Woodsom, together with such others as now are
or may hereafter become proprietors in the said Boom be,
& hereby are constituted and made a Corporation for lay-
ing and maintaining a Boom across Sauko river by the
name and style of The Proprietors of the Bar-mill Boom,
and by that name may sue and be sued, prosecute and be
prosecuted to final judgment & execution, and to do and
sutler all such matters and things as bodies corporate may
or ought to do and suffer ; and the said Corporation shall
have power to keep and use a common seal, and the same
to break, alter and renew at pleasure.

Sec* 2d. And be it further enacted, That the said
Joseph Woodman and others his associates, or any five of
them, may by an advertisement posted up at some public
place or places in each of the said towns of Buxton and
Phillipsburgh, call a meeting of the said Proprietors, to
be holden at some suitable time and place, giving at least
ten days notice of such meeting; and the sd. proprietors
being so met, by a vote of the major part of the proprie-
tors present or represented at said meetings, shall proceed
to choose a Clerk & Treasurer and such other Officers
as they may from time to time find necessary, who shall
be duly sworn to the faithful discharge of their respective
trusts, and shall also agree upon a method for calling
future meetings of the said proprietors, and at the same
or any subsequent meeting may make and establish any
rules and regulations which may be found necessary or
convenient for regulating the said Corporation, for col-
lecting the toll or fees herein established, and for the
more effectually executing and completing the general
purposes of this Act ; and shall have power to assess and
recover reasonable fines and penalties for any breach or
breaches of such rules and regulations, not exceeding fifty
Dollars : Provided that such rules and regulations shall
not be repugnant to the Constitution or Laws of this
Commonwealth ; and all applications or representations
made at such meetings, shall be in writing, and signed
with the name of the person making the same, which shall
be filed with and recorded by the Clerk; and this Act,

Acts, 1801. — Chapter 50. 339

with all the rules, regulations, votes and doings of the
said Corporation shall be fairly and truely recorded by the
said Clerk in a book or books for that purpose to be pro-
vided and kept.

Sec. 3d. And be it further enacted, That the said Fees-
Corporation shall be entitled to, and receive of the re-
spective owner or owners of masts, logs and other timber
which shall or may be rafted and secured at said Boom
by any person or persons not a proprietor thereof, the
following respective fees or toll, viz. For each mast, six
Cents — For each mill log of more than one foot diame-
ter, two Cents — For each ton of oak, pine or other timber,
three Cents — For each thousand feet of ranging timber,
six Cents : provided however, that the fees or toll afore-
said shall at all times hereafter be subject to the revision
and alteration of the Legislature.

Sec. 4th. And be [it] further enacted, That for the Fees may be
securing and recovering the payment of the respective Bne
fees or toll aforesaid it shall be lawful for the said Corpo-
ration, by their Agent or other person whom they may
appoint for that purpose, to sue for & recover, in a due
course of law, by an action of debt, all such fees for raft-
ing masts, logs and timber as aforesaid, when payment
shall be refused by the person or persons subject to pay
the same.

Sec. 5th. And be it further enacted, That any person Penalty for
or persons who shall wilfully & maliciously injure or de- &c.
stroy the said Boom, or any of its appendages, or means
of using and improving the same, shall be liable to pay
such reasonable damages with costs of suit, as shall be
determined in a due course of law, to be sued for and
recovered by the said proprietors, in an action of tress-
pass, or on the case.

Sec. 6th. And be it further enacted, That said pro- Proprietors,
prietors, and those in their employ, or other person or oveV^ny^nd,
persons who may have occasion therefor, shall have free boom, upon
liberty to pass and repass on foot, to and from the Boom dn/ons °0D'
aforesaid over the lands on the banks of both sides of said
Sauko river, through which it may be necessary to pass in
taking care of, guiding and rafting masts, logs & other
timber as aforesaid, and for the securing the same to the
banks or shores of said river, or at the Boom aforesaid ;
and also to make any repairs which may from time to time
be necessary in swinging the said Boom, subject however

340

Acts, 1801. — Chapter 51.

Certain timber
&c. to be
turned through
the boom.

to pay such reasonable sum to the owner or possessor of
such land for damages done to the same, or their appur-
tenances which may arise or happen thereto in prosecut-
ing the said business of rafting and securing as aforesaid,
which damages shall be determined and adjudged by some
disinterested person or persons mutually chosen by the
owner or possessor of the land thus damaged, and the
person or persons who may be charged with committing
such damage, and the proprietors of the said Boom, as the
case may be ; and in case they cannot agree, such person
or persons to be appointed by any disinterested Justice
of the Peace, or by the Court of General Sessions for the
said County of York, whose determination shall be the
measure of such damage. Provided that said proprietors
shall not, nor any person employed in said business, take
down or remove any bars or fences belonging to the owner
or possessor of said lands, without liberty first obtained
of the owner or possessor thereof.

Sec. 7tii. And be it farther enacted, That the said
Proprietors shall from time to time, as soon as such masts
logs & other timber can be conveniently secured, take
care, and cause to be turned through the said Boom, all
such masts logs & other timber aforesaid, coming down
said river, as shall not belong to the said proprietors or
others, secured or to be secured for the use of such owners
of masts, logs or other timber as aforesaid.

Approved February 26, 1802.

Preamble.

1801. — Chapter 51.

[January Session, ch. 27.]

AN ACT IN FURTHER ADDITION TO AN ACT ENTITLED "AN
ACT ESTABLISHING THE NINTH MASSACHUSETTS TURNPIKE
CORPORATION."

Whereas in the first enacting clause in the said Act, the
said Corporation are entitled at each of their Turnpike
Gates to receive for all oxen, hoi'ses mules and neat cattle
led or driven, besides those in teams and carriages, two
Gents each, For all Sheep and Sivine three Cents by the
dozen, For every Chaise Chair or other carriage drawn by
one horse, nine Cents, which rates of toll are considered
unequal, Therefore

Be it enacted by the Senate and House of Representa-
tives in General Court assembled, and by the authority

Acts, 1801. — Chapters 52, 53. 341

of the same, That the said Corporation, from and after the Oxen, &c.to
first day of April next, shall let oxen, horses, mules and p
neat cattle, led or driven, besides those in teams and car-
riages, Sheep and Swine pass their Turnpike Gates free
from toll, and be entitled to receive at each of their Turn-
pike Gates for every Chaise, Chair or other carriage drawn
by one horse twelve Cents five milles, any thing in the said
incorporating Act to the contrary notwithstanding.

Approved February 27, 1802. ,

1801, — Chapter 52.

[January Session, ch. 28.]

AN ACT FOR ALLOWING A FURTHER TIME TO THE PROPRIE-
TORS OF CONNECTICUTT RIVER BRIDGE FOR COMPLETING
THE SAME.

Be it Enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the Authority
of the Same, that a farther time of One year from the
first day of May next, be and hereby is allowed to said
Proprietors to Complete their Bridge, any thing in the
Original Act, or an Act in addition thereto, passed the
fourth day of February, in the year Eighteen hundred,
notwithstanding. Approved February 27, 1802. .

1801. — Chapter 53.

[January Session, ch. 29.]

AN ACT IN FURTHER ADDITION TO AN ACT ENTITLED "AN
ACT TO REGULATE THE ALEWIFE FISHERY IN THE TOWN
OF BRIDGWATER IN THE COUNTY OF PLYMOUTH AND FOR
REPEALING ALL LAWS HERETOFORE MADE FOR THAT PUR-
POSE," PASSED IN THE YEAR OF OUR LORD ONE THOUSAND
SEVEN HUNDRED AND NINETY SEVEN.

Be it Enacted by the Senate and House of Representa-
tives in General Court assembled and by the Authority of
the same, that it shall and may be lawful for the town of
Bridgewater in the County of Plymouth hereafter to take
the fish, called Alewives, in said Town at such times &
places, as were provided in an Act entitled " An Act for
regulating the Ale wife fishery in the town of Bridgewater
in the County of Plymouth, and for repealing all laws
heretofore made for that purpose," passed the ninth day
of March in the year of Our LORD one thousand seven
hundred and ninety one, any law to which this is in addi-
tion to the Contrary notwithstanding.

Approved February 27, 1802.

342

Acts, 1801. — Chapter 54.

Preamble.

Persons
incorporated.

1801. — Chapter 54.

[January Session, ch.30.]

AN ACT FOR INCORPORATING A NUMBER OF THE INHABIT-
ANTS OF THE TOWN OF PLYMOUTH, IN THE COUNTY OF
PLYMOUTH, INTO A SEPERATE PARISH.

Whereas a number of the inhabitants of the town of
Plymouth have petitioned this Court, to be incorporated
into a seperaie parish, and it appearing reasonable, that
the prayer of said petition be granted.

Sec. 1st. Be it therefore enacted by the Senate and
House of Representatives , in General Court assembled, and
by the authority of the same, That John Bishop, Benjamin
Warren, Nathan Read, David Diman, Lot Harlow, Jesse
Bartlett, Samuel Robbins, Barnabas Churchill, Anthony
Dike, William Weston Junr., Anthony Dike Junr., Moses
Nichols, Seth Harlow Junr. Sylvanus Churchill, James
Morton, Thaddeus Churchill, Solomon Churchill, Joseph
Bartlett, Nathaniel Bartlett the fourth, Thomas Morton
the third, John Bartlett Junr. Joseph Warren Nellson,
Lemuel Cobb, Thaddeus Faunce, Jesse Harlow Junr.
Nathaniel Clark Junr., Benjamin Warren Junr., Zacheus
Kempton, Sylvanus Bartlett, William Ryder, Nicholas
Smith, John Swift, John Swift Junr., Gilbert Holmes,
Samuel Holmes Junr., Caleb Battles, Thaddeus Churchill
Jun., Ephraim Morton, Joseph Swift, John Bishop Junr.,
Caleb Faunce, Nathaniel Harlow, Ansel Lucas, William
Nellson, Clark Raymond, Branch Churchill, Elnathan
Holmes Junr., Amaziah Harlow, Jesse Robbins, Charles
Robbins, Joseph Ryder, Stephen Bartlett, George Bacon,
Nathaniel Clark the third, William Davie Junr., Lemuel
Robbins, William Robbins, Jabez Swift, William Brad-
ford, Joshua Torrey, Jacob Howland, Nathaniel Sylvester,
Thomas Covington Junr., Samuel Churchill, George Ryder,
Nathan Holmes, Moses Breck, Daniel Doten, Benjamin
Morton, Bela Lucas, Benjamin Lucas, David Holmes,
George Thrasher, Elijah Macumber, Joseph Brainhall,
Thomas Morton, Nathaniel Warren Leonard, Job Cobb,
Barnabas Faunce, John Clark, Lemuel Cobb Junr., Thad-
deus Ripley, Nathaniel Clark, William Holmes Junr.,
William Sargent junr., David Holmes Junr., Elijah Don-
ham, Seth Harlow, Elkanah Bartlett Junr., Robert Finney,
Levi Whiting, Nathaniel Doten, George Sampson, Joseph
Whiting, Oliver Kempton, John Perry, Zouth Clark,

Acts, 1801. — Chapter 54. 343

Lemuel Leach, Clark Finney, Elkanah Finney, Isaac
Bartlett, Moses Hoyt, Joseph Holmes, Ephraim Whiting,
Diman Bartlett, Andrew Bartlett Junr., George Finney,
Nathan Whiting, William Manter, Ansell Bartlett, John
Donham, Amaziah Churchill Junr., Abraham Whiting,
Nicholas Smith Junr. William Parsons, Seth Robbins,
Gersham Barden, Isaac Howland, Nathaniel Robbins,
Chandler Holmes, Ebenezer Davie, Elkanah Bartlett, Na-
thaniel Kempton, Samuel Churchill the third, Lewis Fin-
ney, Prince Doten, Willson Churchill, William Donham,
Benjamin Drew Junr. Ansel Robbins, John Doten Junr.,
Isaac Donham, Thomas Marsh, Jonathan Crowell, Samuel
Ryder, John Doten, Pelham Bradford, Caleb Churchill,
Seth Ryder, Joseph Croswell, Josiah Diman, Nathaniel
Churchill, Rufus Goddard, Perez Peterson, Deborah
Kempton, Joanna Kempton, Rebecca Morton, Patience
Diman, Elizabeth Savory, Polly Darling, Hannah Rider
and Rebecca Diman, the petitioners, together with their
polls and estates be and hereby are incorporated into a
parish by the name of the Third Congregational Society corporate
in Plymouth with all the priviledges, powers and immu-
nities which other parishes in this Commonwealth are en-
titled to by law.

Sec. 2d. Be it further enacted by the authority afore-
mid, That any of said Society, or any inhabitants of the Persons at
first precinct in Plymouth, shall have full liberty to join the^o'cie^y'or
themselves with their families and estates that they hold Preclnct-
in their own right, to said Society or precinct respectively
at any time within two years from the passing of this act.
Provided they shall first signify in writing under their
hands to the Clerk of said town of Plymouth, their deter-
mination of being considered as belonging to the Society
or Parish to which they may join themselves as aforesaid.

Sec. 3d. Be it further enacted by the authority afore-
said, That forever after the expiration of the said two How to join
years, any of said Society, or any inhabitant of the first precinct! y °'
precinct aforesaid, shall be considered as belonging to said
Society or Precinct respectively, with their families and
estates, by signifying their determination in writing to the
Clerk of said town as aforesaid, and at the expiration of
eighteen months after signifying such determination in
manner abovesaid ; provided the party applying shall
not have withdrawn said application before the expiration
of said term.

344

Acts, 1801. — Chapter 54.

Persons to be
considered
members till
they declare
the contrary
in form.

Regulation
respecting
taxes.

Explanation

respecting

estate.

Members may
be permitted
to change their
situations.

Sec. 4th. And be it further enacted by the authority
aforesaid, That the Members of said Society & Precinct
respectively, & their families shall be deemed and consid-
ered as continuing Members of said Society and Precinct
respectively with their estates for the time being, untill
their relation shall be changed, in manner as above pre-
scribed.

Sec. 5th. Be it further enacted by the Authority afore-
said, That the estate real and personal of any member of
said Society or of said Precinct, shall be taxable by said
Society or precinct respectively, only in, by and for the
Society or Precinct to which the person owning such prop-
erty shall or may belong at the time of making such tax ;
and any person leaving either said Society or Precinct
in manner as above mentioned shall be holden to pay all
taxes remaining assessed upon him at the time of his ceas-
ing to be a member of said Society or precinct respectively.

Sec. 6th. Be it further enacted by the Authority
aforesaid, That the word estate mentioned in this Act, so
far as it relates to real estate shall extend only to such
real estate as the members of said Society and inhabitants
of said Precinct hold, or may hold in their own right.
And that Joshua Thomas esqr. , or any other Justice of the
Peace in the County of Plymouth be, and is hereby au-
thorized to issue his Warrant directed to some principal
person or member of said Society, requiring him to warn
the Members of said Society qualified to vote in Parish
affairs, to assemble at some suitable time and place in said
town, to choose such Officers as parishes are by law re-
quired to choose in the month of March or April annually ;
and to transact all such matters and things as are necessary
to be done in said Parish.

Sec. 7th. And be it further enacted by the Authority
aforesaid, That at any meeting of said Society, or said
first Precinct regularly warned according to law for that
purpose, said Society and said Precinct shall respectively
have the power by vote, to permit any individual member
of said Society or Precinct to change his relative situa-
tion, and join himself with his family and all his estate,
to either said Precinct or Society as he may request, and
the same vote being recorded, shall effectually transfer
said Member with his family and estate, according to the
meaning of said vote. Approved March 1, 1802.

Acts, 1801. — Chapter 55. 345

1801. — Chapter 55.

[January Session, ch. 31.]

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS
IN THE TOWN OF PARSONSFIELD IN THE COUNTY OF YORK
INTO A DISTINCT RELIGIOUS SOCIETY BY THE NAME OF
THE CONGREGATIONAL SOCIETY IN PARSONSFIELD.

Sect. 1. Be it Unacted by the Senate and House of
Representatives, in General Court assembled, and by the
authority of the same, that Thomas Parsons, Joseph Doe, Persons
Joseph Parsons, Josiah Colcord, William Adams, James inc01P°rate •
Hobbs, Israel Hodgdon, John Sanborn, Benjamin Batchel-
der, John Tuck, Ebenezer Doe, John Wedgwood, George
Lord, Samuel Hobbs, Dudly Page, Simon Marston,
Josiah Tuck, Samuel Hobbs, Levi Moulton, Keuben
Dearborn, Thomas Leavitt, Taylor Page, Stephen Mer-
rill, Nicholas Emery, Andrew Gilman, Nathaniel Neal,
Stephen Parsons, Samuel Garland, Job Colcord, Asa
Pease, and Josiah Pease, having for their pastor or
teacher in religion the Reverend Benjamin Rolfe regularly
settled in said town a Congregational Minister, with their
families and estates, together with such others as have
already associated themselves, or may hereafter associate
themselves for the same purpose, in manner herein after
prescribed, be and hereby are incorporated into a Relig-
ious Society by the name of The Congregational Society
in Parsonsfield, with all the Powers, privileges and im-
munities to which Parishes in this Commonwealth are by
law entitled.

Sect. 2. Be it further Enacted, that any Inhabitant ^^e^ofThe
of said town of Parsonsfield, who may at any time here- society.
after become a member of and unite in Religious worship
with the society aforesaid, and give in his or her Certifi-
cate in Writing, by him or her signed to the Clerk of the
Society aforesaid, that he or she wishes or consents to be-
come a member of said Society, at any time within thirty
days previous to or at the meetings of said Society to be
held in the month of March or April annually, shall from
and after the giving in his or her certificate as aforesaid,
with his or her polls and Estates, be considered as a mem-
ber of said Society.

Sect. 3. Be it further Enacted, that when any mem- how to leave
ber of said Congregational Society shall see cause to leave 8iud soc ety'
the Same, and unite in Religious worship with any other

346

Acts, 1801. — Chapter 56.

Empowered
with respect
to real estate.

First meeting.

religious Society ; and shall give in his or her name to the
Clerk of said Congregational Society, with a certificate
signed by the Minister or clerk of the Parish, or other
religious Society with which he or She may unite, that
he or she has actually become a member of, and united in
religious worship with such other Parish or religious So-
ciety fourteen days at least previous to the meeting of
said Congregational Society in March or April annually ;
and shall pay his or her proportion of all money assessed
in said Society previous thereto, such person shall from
and after giving such certificate with his or her polls and
Estates, be considered as a member of the Society to
which he or she has so united.

Sect. 4. Be it further Unacted, that said Congrega-
tional Society, be and hereby is invested with the right to,
and controul over all the Real Estate heretofore granted,
bargained, sold, exchanged, reserved, given or appro-
priated to the Congregational Society, or for the support
or use of the Congregational Ministry in said Town, with
the appurtenances thereof, except the acre of land con-
veyed by said town to said Rolfe, to be held and appro-
priated by said Society for the sole use and benefit of the
Congregational Ministry in said town forever.

Sect. 5. And be it further Unacted, that Thomas
Parsons Esqr., or any other Justice of the Peace in said
County of York, be and hereby is authorised and im-
powered to issue his Warrant directed to some suitable
member of the said Society, requiring him to notify and
warn the members of the said Society to meet at such
time and place as shall be appointed in said Warrant, to
choose such Officers as Parishes in this Commonwealth
are by law entitled to choose in the Month of March or
April annually. Approved March 2, 1802.

Boundaries.

1801. — Chapter 56.

[January Session, ch. 32.]

AN ACT FOR INCORPORATING THE HORSE NECK, SO CALLED,
AND ALL THE SALT MEADOWS ADJOINING, IN THE TOWN
OF WESTPORT IN THE COUNTY OF BRISTOL, INTO A COM-
MON AND GENERAL FIELD.

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, & by the authority of
the same, That all the Horse Neck, so called, and Salt
Meadows adjoining, lying in said Westport within the
following discription and boundaries, viz. Beginning at

Acts, 1801. — Chapter 57. 347

the Sea shore on the west side of the highway which is the
dividing line between Dartmouth and Westport ; thence
southwesterly as the Drift way goes by the Sea shore to
Gooseberry neck, so called ; thence northwesterly as the
sd. Drift way goes by the Sea shore to the harbour of
Westport rivers, thence northerly and easterly, including
all the said Horse neck and Salt meadows adjoining, untill
it comes to the south side of a pond, about eighty rods
westerly from the aforesaid highway, which pond in run-
ning out the highway aforesaid, was left for a watering
place, thence from the south side of said pond in the line
of the said watering place, untill it comes to the southeast
corner of Job Almy's homestead farm, thence south in the
line of the said highway to the Sea shore first mentioned,
be, and hereby are incorporated into one common and
general Field, and all the proprietors and owners of said
Horse Neck and Salt meadows adjoining within the afore-
said described boundaries, are hereby vested with all the
powers and priviledges, which the proprietors of land in
General Fields by law are invested with.

Apx>roved March 2, 1802.

1801. — Chapter 57.

[January Session, ch. 33.]

AN ACT TO SETT OFF A CERTAIN TRACT OF LAND WITH THE
INHABITANTS THEREON, FROM THE TOWN OF WESTFIELD
IN THE COUNTY OF HAMPSHIRE, & TO ANNEX IT TO THE
TOWN OF WEST SPRINGFIELD IN THE SAME COUNTY.

Sectn. 1. Be it Enacted by the Senate and House of
Representatives in General Court assembled and by the
Authority of the same, that Josiah Dewey, Pliny Loomis, Boundaries.
Joel Dewey, Seth Victs, Joseph Rice, Noah Copley, Ben-
jamin Copley, Darius Smith, Josiah Dewey Junr., John
Smith and Juba Smith, with their polls & estates, together
with all the land within the following limits, vizt. begin-
ning at the northeast corner bounds of the Town of South-
wick, and running northwardly on the ridge of the mountain
which was formerly the bounds between Springfield &
Westfield untill it strikes Westfield or Agawam River
near Morley's bridge, and from thence on a Straight line
to a White Oak Tree on the North side of said River, be-
ing the bounds between West Springfield & Westfield, be
set off from the town of Westfield & annexed to the town
of West Springfield.

348 Acts, 1801. — Chapters 58, 59.

Sectn. 2. Be it further Enacted by the authority
Annexed to aforesaid, that the said Tract of land with the Inhabitants
thereon shall hereafter be a part of West Springfield, and
shall be considered as making part of the fourth parish in
said Town — Provided nevertheless, that the persons afore-
said and all persons owning land in said Tract hereby set
off, shall be held to pay all Taxes now assessed on them
by the Town of Westfield. Approved March 3, 1802.

1801. — Chapter 5S.

[January Session, ch. 34.]

AN ACT TO INCORPORATE CERTAIN LANDS IN THE TOWN OF
DEDHAM, IN THE COUNTY OF NORFOLK, INTO A COMMON
FIELD.

Be it enacted by the Senate, and House of Representa-
tives, in General Court assembled, and by the authority
of the same, That the land in Dedham, lying within the
limits hereafter expressed, known by the name of Fowl
Meadow, beginning at the Major's Bridge, so called, then
eastwardly, in part, on the Causey, and in part on the land
of George White & Michael Harmon, then northwardly
on land of said White and Harmon, in part, and on land
of Daniel Fisher, or Asa Fisher Junr. till it comes to
Neponset River ; then on said river to the bridge afore-
said, be, and hereby are incorporated into a common and
general Field ; and the owners thereof are invested with
all the powers and priviledges which the owners of com-
mon and general Fields are or may be invested by law.

Approved March 3, 1802.

1801. — Chapter 59.

[January Session, ch. 35.]

AN ACT TO PREVENT THE DESTRUCTION OF THE FISH CALLED
ALEWIVES, IN THEIR PASSAGE UP AND DOWN IN THE
RIVER & OTHER STREAMS IN THE TOWN OF KINGSTON IN
THE COUNTY OF PLYMOUTH, AND FOR REGULATING THE
TAKING AND DISPOSING OF SAID FISH; AND FOR REPEAL-
ING AN ACT ENTITLED « AN ACT TO PREVENT THE DESTRUC-
TION OF THE FISH CALLED ALEWIVES, IN THEIR PASSAGE
UP THE RIVERS AND STREAMS IN THE TOWN OF KINGS-
TON IN THE COUNTY OF PLYMOUTH."

Sec. 1st. Be it enacted by the /Senate and House of

Representatives in General Court assembled, and by the

Fish committee authority of the same, That the inhabitants of said town

to be chosen. J J

Acts, 1801. — Chapter 59. 349

of Kingston, at their annual meeting in March or April,
be, and are hereby authorized and empowered to choose
a Committee of five or more persons, to see that the laws
respecting the passageways for said fish, be observed ; and
each person so chosen shall take an oath faithfully to dis-
charge the duties required of him by law : And said Com- Price of the

o -» ** m tieh to be fHtiib-

mittee shall oversee the taking of said fish in said town, ii8hed.
and shall distribute the fish taken by them, or under their
direction as equally as circumstances will admit, to such
of the inhabitants of said town as may apply for the same,
and for the fish so supplied and delivered, the Committee
aforesaid shall demand and receive of the person or per-
sons receiving said fish, payment therefor at such rate or
rates as the inhabitants of said town at their annual meet-
ing in March or April may direct, excepting of such poor
persons as may be named in a list to be annually made out
by the Selectmen of said town, and who in the opinion of
the Selectmen are unable to pay for the same, which list
shall be given to the Committee, and the persons borne
on the same shall be supplied with such quantities of said
fish gratis, as the Committee may think expedient. And
the Committee aforesaid shall have such allowance for their
services, as the inhabitants of said town at the time of Annual settie-

• t r-i • iiiij • liii ment to be

appointing said Committee shall determine ; and shall made.
annually in the month of September next following their
appointment exhibit their accounts to the Selectmen of said
town for settlement and allowance, and pay the balance re-
maining in their hands, if any there be, to the Treasurer
of the town of Kingston for the town's use.

Sec. 2d. And be it further enacted by the Authority
aforesaid, That the said Committee or the major part of ^0m^ed t0
them be, and are hereby authorized and empowered to open dams,

-r^ ,1 i-ii • f -»,r-n ,i i with a proviso.

open any Dam or the Sluice of any Mill or other water
works, erected, or that may be erected on, or across the
river or any of the streams in said town, at the expense
of the owner or owners of such Dam or Sluice ; provided
such owner or owners shall neglect to open the same when
thereto required by said Committee or the major part of
them as aforesaid : And the Committee shall also have
full power to remove any other obstructions that may be
made to the free passage of said fish in the river & other
streams into the several ponds in said town, and for their
repassing from said ponds into the sea : And the said m°m "ot'to"
Committee or either of them going or passing on or across 4be deemed

o e i o trespassers.

350

Acts, 1801. — Chapter 59.

Penalty for
diking fish
without leave.

Recovery of
penalties.

Parents, &c.
answerable for
minors.

the lands of any person for any of the aforementioned pur-
poses, shall not be deemed or held as a trespass and any
Dam or Sluice or passage way that may be opened as afore-
said, shall continue open to such depth and width, and for
such length of time, as shall be necessary for the passing
or repassing of the said fish as aforesaid. And if any per-
son or persons shall obstruct the passage way allowed or
ordered by said Committee, or the major part of them, in
any Dam or Sluice way, or shall obstruct the passage of
them in the river or any of the streams in said town, such
person or persons so offending, shall forfeit and pay a sum
not exceeding one hundred Dollars, nor less than fifty
Dollars.

Sec. 3d. And be it further enacted by the Authority
aforesaid, that if any person or persons, other than the
said Committee, or such persons as shall be by them em-
ployed, shall take any of the said fish in the river or in
any part of any of the streams in said town, at any time
or by any ways or means whatsoever, each person so
offending shall forfeit and pay a sum not exceeding twenty
five Dollars nor less than five Dollars for every such
offence.

Sec. 4th. And be it further enacted by the Authority
aforesaid, That the town of Kingston at their meeting in
March or April annually, shall appoint particular places
in each stream in said town, where said fish may be taken ;
& no Committee man, or person by them employed, or
purchaser shall be deemed a trespasser in going on the
lands of any person in order to take said fish, on their
paying a reasonable compensation therefor if required.
And the Committee chosen as aforesaid shall appoint cer-
tain days in each week from the first day of April annually,
not exceeding four for four weeks successively, when the
said fish shall be taken, and shall put up notifications in
two public places in said town, of the times and places for
taking said fish, before the tenth day of April annually.

Sec. 5th. And be it further enacted by the Authority
aforesaid, That all penalties incurred by the breach of this
Act may be sued for and recovered by the Treasurer of
the town of Kingston, for the time being, in any Court in
the County of Plymouth, proper to try the same ; and all
sums so recovered shall be appropriated to the use of said
town. And in case any minor or minors shall offend
against any part of this act, and thereby incur any of the

Acts, 1801. — Chapters 60, 61. 351

penalties aforesaid, in all such cases, the parents, masters
or guardians of such minor or minors, shall he answerable
therefor, and in case of a prosecution of such minor or
minors for any snch offence, the action shall be commenced
against the parents, masters or guardians of such minor
or minors respectively, and judgment be rendered against
any parent, master or guardian in such case, in the same
manner as for his or their personal offence. And no per-
son by reason of being an inhabitant of said town, or one
of said Committee, shall be thereby disqualified from being
a witness in any prosecution for a breach of this act.

Sec. 6th. And be it further enacted by the Authority
aforesaid, That an Act entitled, " An Act to prevent the Former act
destruction of the fish called Ale wives, in their passage repeaIe
up the rivers and streams in the town of Kingston in the
County of Plymouth " passed on the eighth day of Novem-
ber in the year of our Lord, One thousand seven hundred
and eighty five, be, and the same is hereby repealed.

Approved March 3, 1802.

1801. — Chapter 60.

[January Session, ch. 36.]

AN ACT ESTABLISHING AN ADDITIONAL TERM OF THE COURT
OF COMMON PLEAS FOR THE COUNTY OF NORFOLK.

Be it Enacted by the Senate and House of Representa-
tives in General Court assembled , and by the Authority
of the same, That there be held and kept at Dedham
within and for the said County of Norfolk on the first
Tuesday of January annually, a Court of Common Pleas,
in addition to the Terms now by Law established for said
County, and all Officers are directed to govern themselves
accordingly. Approved March 3, 1802.

1801. — Chapter 61.

[January Session, ch. 37.]

AN ACT TO REGULATE THE ALEWIFE FISHERY IN THE TOWNS
OF, LYNN, LYNNFIELD, AND READING, IN THE COUNTIES
OF ESSEX AND MIDDLESEX, AND FOR REPEALING ALL LAWS
HERETOFORE MADE FOR [FOR] THAT PURPOSE.

Section 1. Be it Enacted by the Senate and House
of Representatives, in General Court assembled, and by
the Authority of the same, That it shall and may be law- Privilege of

ufihlnfX ID&V DG

ful for the towns of Lynn & Lynnfield, respectively, in sold.

352

Acts, 1801. — Chapter 61.

Penalty for
illegally taking
the lien.

Penalty for
refusing to
sell the fish.

Fish commit-
tees to be
chosen.

the County of Essex, and the town of Reading in the
County of Middlesex, annually, at any legal meeting of
the Inhabitants of said towns, to sell or otherwise dispose
of the privilege of taking the said fish within their re-
spective limits, at such times, not exceeding three days
in a Week, and places, and under such regulations, as the
said towns shall respectively direct ; and the emolument
arising from said privilege, shall be severally appro-
priated by said towns, to such purposes and uses, as the
Inhabitants thereof, shall, in town meetings, from time to
time, determine.

Section 2. And be it further enacted, That if the
purchaser or purchasers, manager or manager [s], or those
employed by them, shall presume to take any of the said
fish at any other time or Place in said towns, or any of
them, than shall be by said towns respectively deter-
mined ; and if any other person or persons whatever,
except the purchaser, or purchasers, manager or manag-
ers of said privi ledge, or those employed by them, shall
presume to take or catch any of said fish, in any of the
rivers or Streams, within the boundaries of said towns
respectively, otherwise than may be by said towns re-
spectively determined, he or they, so offending, shall, for
each offence, forfeit and pay a sum not exceeding Thirteen
dollars, nor less than one dollar, at the discretion of the
Justice before whom the same shall be tried.

Section 3. And be it further Enacted, that if the
purchaser or purchasers, manager or managers of said
privilege, shall, when in his or their power, neglect, or
refuse to supply any person or persons with said fish when
green, in any quantity not exceeding One hundred, to
any one person, who may apply therefor, at such rates as
shall be determined by said towns respectively, not ex-
ceeding twenty five Cents for one hundred of said fish, he
or they, so offending, shall, for each offence, forfeit and
pay the sum of One dollar ; and if any person or persons,
shall ask, demand & receive, more than twenty five cents
for One hundred of said fish, and in that proportion for a
less number, at the landing where said fish are taken, he
or they, so offending, shall, for each offence, forfeit and
pay the sum of one Dollar.

Section 4. And be it further Enacted, That the said
towns of Lynn, Lynnfield, and Reading, shall, at their
respective annual meetings in March or April, severally

Acts, 1801. — Chapter 61. 353

choose a Committee, not exceeding nine, nor less than
three freeholders of said towns, who shall be sworn or
affirm to the faithful discharge of the duties enjoined upon
them by this Act ; and it shall be the duty of said Com-
mittee to cause the natural course of the rivers, passage
ways, or streams through which the said fish pass, to be
kept open and without obstruction, during the whole
time, the said fish pass up or down in said rivers, passage
ways or streams, in each year, and to remove any such as
shall be found therein ; and to make the said passage ways
wider and deeper, if they, or the major part of them shall
judge it necessary ; and the said several committees or committee
any two of either of them, paying a reasonable Compen- deemed tres.
sation therefor, if demanded, shall have Authority, in pa88ers-
discharging the duties enjoined upon them by this Act,
to go on the lands and meadows of any person, through
which such rivers, passage ways, or streams run, or into
any building, mill, or other water works, on said rivers
or Streams, without being considered as Trespassers ; and
any person who shall molest or hinder the said Commit-
tees, or either of them, in the execution of the business
of his or their office, or shall obstruct any passage way,
in the said rivers or streams, otherways than may be al-
lowed by the said Committees, or a major part of them
respectively, he or they, so offending, shall forfeit and
pay for every such offence, a sum not exceeding Ten dol-
lars, nor less than one dollar, at the discretion of the Jus-
tice before whom the same shall be tried. Provided nev- proviso.
ertheless, — that nothing in this Act shall be considered
as Authorising the said Committees, to injure the Proprie-
tor of any Mill or Water Works, further than is necessary
in order to give the said fish, a good and sufficient passage
up the said Rivers.

Section 5. And be it further Unacted, that it shall committee
ill /-i • -\ /~\ • ■ i t0 Pr°Becutei

be the duty of the said Committees respectively, to pros- seize nets, &c.

ecute all breaches of this Act, and for any two of them to
seize and detain in their Custody, any net which may be
found in the hands of any person using the same, contrary
to the true intent and meaning of this Act, until the per-
son so offending makes satisfaction for his offence or is
legally acquitted therefrom ; and also to seize to the use
of their respective towns, all such fish as they shall sus-
pect to have been taken, contrary to the provisions of this
Act, unless the person in possession thereof, can give sat-

354

Acts, 1801. — Chapter 62.

Recovery and
appropriation
of lines.

Former laws
repealed.

isfactory evidence to such Committee, that said fish were
lawfully taken.

Section 6. And be it further Enacted, that all the
penalties incurred by any breach of this Act, shall be re-
covered by an Action on the Case before any Justice of
the Peace, within & for the County where the offence
shall be committed, allowing an appeal to the Court of
Common Pleas of the same County ; and all sums of
money recovered to either of the said towns as forfeited
by this Act, shall be for the support of the Poor of said
towns respectively ; and no person by reason of his being
one of either of the said Committees respectively, or an
Inhabitant of either of the said Towns, shall be thereby
disqualified, from being a Witness in any prosecutions for
a breach of this Act.

Section 7. And be it further Enacted, that all Laws
heretofore made for regulating the fishery in the said
towns of Lynn, Lynfield, and Reading, with joint or
seperate authority, are hereby repealed.

Approved March 3, 1802.

1801. — Chapter 62.

[January Session, ch. 38.]

AN ACT FOR CARRYING INTO EXECUTION MORE EFFECT-
UALLY THE BYE-LAWS OF THE SEVERAL TOWNS WITHIN
THIS COMMONWEALTH.

Be it Enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the Authority
of the same, that from and after the passing of this Act,
all fines & forfeitures, accruing for the breach of any Bye-
law, in any town within this Commonwealth, may be
prosecuted for and recovered before any Justice of the
Peace in the town or County where the Offence shall be
committed by complaint or information in the same way
and manner, other criminal offences are now prosecuted
before the Justices of the Peace within this Common-
wealth. Approved March 3, 1802.

Acts, 1801. — Chapter 63. 355

1801. — Chapter 63.

[January Session, ch. 39.]

AN ACT FOR INCORPORATING CERTAIN PERSONS FOR THE PUR-
POSE OF LAYING OUT, AND MAKING A TURNPIKE ROAD
FROM SALEM TO CHARLES RIVER BRIDGE, FOR BUILDING
THE NECESSARY BRIDGES ON THE SAID ROAD, AND FOR
SUPPORTING THE SAME.

Whereas the making of the said road and bridges will Preamble.
be of great public utility, and Edward Augustus Holyoke
Esqr. and others, have petitioned this Court for an Act of
incorporation, to empower them to lay out and make said
road & erect said bridges, and have subscribed to a fund
for that purpose: Therefore,

Sec 1st. Be it enacted by the Senate and House of
Representatives, in General Court assembled, & by the
authority of the same, That Edward Augustus Holyoke, Persons
William Gray junr., Nathan Dane, Jacob Ashton & Israel ncorporate ■
Thorndike esqrs., and all such persons as are, or shall be
associated with them, and interested in said fund, and their
Successors, shall be a Corporation, by the name of The
Salem Turnpike & Chelsea Bridge Corporation ; and shall
by that name sue and be sued, and shall have a common
Seal, and enjoy all the priviledges and powers, which are
by law incident to a Corporation, for the purpose of lay-
ing out and making a Turnpike Road, and building the
bridges aforesaid, and keeping the same in repair; that is course of the
to say, a road beginning near Buffum's corner, so called,
in Salem, and from thence to be continued through the
Salem great pastures, so called, thence by the southeast-
erly side of Farrington's hill, so called, in Lynn, over
Breed's Island in Lynn Marshes, and by the south east
side of Cheever's hill, so called, in Chelsea, to a place on
the Chelsea side of Mystick river, between Winnesemet
ferryways, and Doctr. Aaron Dexter's gate, and over said
river, to a place on the Charlestown side thereof, north of,
and near to the navy yard, and thence to said Charles-river
Bridge in Charlestown, and of building bridges over the
rivers and waters between said Buffum's corner, and Charles
river.

Sec. 2d. And be it further enacted, That the said ^""f^X
Edward Augustus Holyoke, William Gray Junr., Nathan cers chosen.
Dane, Jacob Ashton and Israel Thorndike esqrs., or any
three of them, may by an advertisement in the Salem

356

Acts, 1801. — Chapter 63.

Width, &c.
of the road
prescribed.

First turnpike
gate, and the
toll.

Gazette, or in any other News paper printed in Salem or
Boston, call a meeting of the said proprietors, to be holden
at any suitable time and place, after fifteen days from the
publication of the said advertisement ; and the said pro-
prietors, by vote of the majority of those present, or rep-
resented at the said meeting, (in all cases accounting &
allowing a vote to each single share,) shall choose a Clerk,
who shall be sworn to the faithful discharge of his duty ;
and also shall agree on a method for calling future meet-
ings, and at the same, or at any subsequent meeting, may
make and establish any rules and regulations, that shall
be necessary or convenient for regulating the said Corpo-
ration, for effecting, completing, & executing the purposes
aforesaid, or for collecting the toll hereafter granted ; and
the same rules and regulations may cause to be kept and
executed, or for the breach thereof, may order and enjoin
fines and penalties not exceeding thirteen Dollars and thirty
three Cents, for any breach thereof; provided such rules,
and regulations are not repugnant to the Laws or Consti-
tution of this Commonwealth : And the said Proprietors
may also choose and appoint any other Officer or Officers
of the Corporation, that they may deem necessary, and
all representations at any meeting shall be proved in writ-
ing signed by the person making the same, which shall be
filed with, and recorded by the Clerk ; and this Act, and
all rules regulations and votes of the said Corporation
shall be fairly and truly recorded by the said Clerk in a
book or books for that purpose provided and kept.

Sec. 3d. And be it further enacted, That the same
Turnpike road shall be laid out and made by the said Cor-
poration, of sufficient width in every part thereof, for the
accommodation of the public ; and that open uninclosed
ground shall be at least four rods wide on the upland, and
eight rods wide at least (including the Canals) on the
marsh, and on said Breeds Island, throughout the whole
length of said road over said marsh and island, and the
made way or path for travelling shall be of sufficient width,
and not less than twenty four feet wide, in any part thereof,
and over the marsh not less than thirty feet wide within
the railings ; and when the said Turnpike road, shall be
sufficiently made from said Buffum's corner to the Black-
smith's shop of John Massey in Lynn, and shall be so
allowed by the Justices of the Supreme Judicial Court, at
any term thereof, in any County of this Commonwealth,

Acts, 1801. — Chapter 63. 357

then the said Corporation shall be authorized to erect a
Turnpike Gate on the same, between said corner & said
Farrington's hill, in such manner as shall be necessary
and convenient, and shall be entitled to receive from each
traveller and passenger the following rate of toll — to wit,
For every coach, phaeton, chariot, or other four wheel
carriage for the conveyance of persons, drawn by two
horses, twenty five Cents, and if drawn by more than two
horses, an additional sum of four Cents for each horse.
For every cart, waggon, sleigh or sled, or other carriage
of burden, drawn by two oxen or horses, twelve and an
half Cents ; & if by more than two, an additional sum of
three Cents for every such ox or horse. For every curricle
sixteen Cents. For every sleigh for the conveyance of
passengers, drawn by two horses, twelve and an half
Cents, and if drawn by more than two, an additional sum
of three Cents for each horse. For every sled or sleigh,
drawn by one horse, ten Cents. For every chaise, chair
or other carriage drawn by one horse, twelve and an half
Cents, For every man and horse, five Cents. For all
oxen, horses and neat cattle led or driven, besides those
in teams & carriages, one Cent each. For all sheep and
swine, three Cents by the dozen, and in the same propor-
tion for a greater or less number.

Sec. 4th. And be it further enacted, That when the second turn-
said road shall be sufficiently made from said Blacksmith's
shop, to Charles-river Bridge, and the said Bridge over
Mystick river, shall be sufficiently built, and the said road
shall be so allowed, by the said Justices as aforesaid, then
the said Corporation shall be authorized to erect another
Turnpike Gate on the same, between said Breed's Island
and Mystick river, in such place as shall be necessary &
convenient, and shall be entitled to receive of each traveller
and passenger, (excepting the inhabitants of Chelsea who
shall be travelling or passing from that town to Boston,
or from Boston back to Chelsea through said Turnpike
Gate) the rates of toll aforesaid.

Sec. 5th. And be it further enacted, That the said n\addreaJntt^ebe
proprietors shall build, and untill the aforesaid road shall bridge,
be delivered up to the Government, shall keep a sufficient
Draw or passage way, at least twenty feet wide, at some
place in the Bridge over Saugust river, proper for the
passing and repassing of vessels through the same : Pro- Passage-wayB
vided however, that the said proprietors shall not be the proprietors

of salt marsh.

358

Acts, 1801. — Chapter 63.

Directions
respecting
bridge over
Mystick river.

Lamps to be
kept.

Rates of toll.

obliged to lift or open the leaves of said Draw for the
passage of any vessel, or put the same down ; and that if
any person or persons shall keep said draw up, longer
than is necessary for the passage of the vessel or vessels
under his or their care, or shall neglect to put the same
down immediately after the passage of such vessel or ves-
sels, he or they for every such offence shall forfeit a
sum, not less than twenty Dollars nor more than fifty
Dollars ; & that for the accommodation of the owners of
salt marsh lying to the eastward of said road, the proprie-
tors shall make and keep, during the term aforesaid, in
the places not exceeding four in number, where the road
shall intersect the private ways, as they are now used,
convenient passage ways over said road, for waggons,
carts and sleds to pass and repass, for the purpose of
bringing off their salt hay.

Sec. 6th. And be it further enacted, That the said
Bridge over Mystick river, shall be well built, at least
thirty two feet wide, of good and suitable materials, and
be well covered with plank or timber on the top, suita-
ble for such a bridge, with sufficient rails on each side,
boarded eighteen inches from the bottom, for the safety
of passengers ; and the same shall be kept in good, safe
and passable repair, for the term of Seventy years, from
opening the same, and at the end of said term, the said
Bridge shall be left in like repair, and the said Proprie-
tors shall constantly keep the said Bridge accommodated
with at least twenty four Lamps, four of which shall be at
each Draw, and kept burning through the night; and all
the said lamps shall be well supplied with oil, and lighted
in due season, and those not at the Draw kept burning
till twelve of the Clock at night. And that for the pur-
pose of reimbursing the said Proprietors the monies by
them expended or to be expended in building and sup-
porting said bridge, a toll be, and hereby is granted and
established for the sole benefit of the said Proprietors,
according to the rates following, to wit. For each foot
passenger two Cents, For each person and horse five
Cents. For each chaise, chair, sulkey or sleigh, drawn by
one horse, twelve and an half Cents. For each horse and
cart, nine Cents. For each team drawn by more than one
beast, twelve and an half Cents. For each coach chariot
waggon, phaeton and curricle, twenty five Cents; For
each man & wheelbarrow, hand cart, or other vehicle
capable of carrying a like weight, three Cents. For each

Acts, 1801. — Chapter 63. 359

horse and neat cattle, exclusive of those in teams or rode
on, three Cents. For each sheep and swine, one Cent;
and to each team, one person and no more, shall be
allowed as a driver, to pass free from toll ; and at all ®ael« ^^e
times when the toll gatherer shall not attend his duty, the ton-gatherer is
gate or gates shall be left open, and the said toll shall
commence on the day of the first opening the said Bridge
for passengers, and shall continue for the term of Seventy
years, at the end of which time the said Bridge shall be
delivered up in good repair to and for the use of the Gov-
ernment ; and also at the several places where the toll
shall be received on said Bridge or road, the said proprie-
tors shall erect, and constantly expose to open view a sign
or board with the rates of toll on the tollable articles fairly
and legibly written thereon in large or capital letters.
Provided however, that at the time of opening said Bridge, Expense to be
the said Corporation shall cause a true and just account 8ae
of the expences thereof, and at the end of every three
years then afterwards, a just and true account of their
receipts & disbursements to be returned into the Office of
the Secretary of this Commonwealth ; and that after forty
years from the opening said Bridge, the General Court
may regulate the rates of toll receivable at the said Gate.

Sec. 7th. Be it further enacted, That the said Pro- Draws & piers
prietors shall build, and during the said term, shall keep
two convenient and sufficient draws or passage ways, at
least thirty feet wide each, at some suitable places in the
said Bridge proper for the passing and repassing of ves-
sels by day and by night through the said Bridge ; and
shall also build at the Draw nearest to the Chelsea side,
and maintain in good repair, a well constructed and sub-
stantial pier or wharf on each side of the said Bridge, and
adjoining to that Draw, every way sufficient for vessels to
lie at securely ; And the said Draws shall be lifted for all
ships and vessels without toll or pay, except for boats
passing for pleasure. And all ships and vessels intending
to pass the said Draws, shall be free of charge at the said
wharf or pier, untill a suitable time shall offer for passing
the same ; and it shall be lawful for the proprietors of
said Bridge, to make the leaves of each Draw sixteen
feet long, instead of thirty two feet, the width of said
Bridge.

Section 8. And be it further enacted, that said Cor- corporation

. . ii-iT in i_ • l may purchase

poration may purchase and hold, any land over which and hold land,
they may make said road : and the Justices of the Court

360

Acts, 1801. — Chapter 63.

Penalty for
delaying
passengers,
or demanding
illegal toll.

Penalty for
injuring the
gates or road.

of General Sessions of the Peace in the respective Coun-
ties through which it passes are hereby Authorised on
Application from the said Corporation to lay out such
road, or any part thereof, within their respective juris-
dictions, as with the Consent of the said Corporation they
may think proper : and the said Corporation shall be
holden to pay all damages, which shall arise to any per-
son, by taking his land for such road, where it cannot be
obtained by voluntary agreement, to be estimated by a
Committee appointed by the Court of General Sessions
of the Peace in the County, in which such damage shall
arise, saving to either party, a right of trial by Jury,
according to the law, which makes provision for the
recovery of damages happening, by laying out public
highways.

Section 9 . And be it further enacted, that if the said
Corporation or their toll gatherer, or others by them
employed, shall unreasonably delay or hinder any passen-
ger or traveller, at either of said gates, or shall demand
or receive more toll than is by this Act established, the
Corporation shall forfeit and pay a sum not exceeding
Ten dollars, nor less than two dollars, to be recovered
before any Justice of the Peace of the County where the
offence may be committed, by any person injured, de-
layed, or defrauded, in a Special Action of the Case, the
writ in which shall be served on said Corporation, by
leaving a Copy of the same, with the Treasurer, or some
individual member of said Corporation, living in the
County where the said Action may be brought, or by
reading the same, to the said Treasurer or individual
member at least seven days before the day of trial : and
the Treasurer of said Corporation or individual member,
shall be allowed to defend the same suit in behalf of the
said Corporation ; and the said Corporation shall be liable
to pay all damages that shall happen to any person, from
whom the toll is demandable for any damage which shall
arise, from the defect of bridges or want of repairing said
ways, and shall also be liable to presentment by the Grand
Jury, for not keeping the same in good repair.

Section 10. And be it further Enacted, that if any
person shall cut or break down, or otherwise destroy any
of said gates, or shall dig up or carry away any earth
from the said road, or in any manner damage the same,
or shall forcibly pass, or attempt to pass by force said

Acts, 1801. — Chapter 63. 361

gates, without first having paid the legal toll at such gate,
such person shall forfeit and pay a fine, not exceeding
fifty dollars, and not less than ten, to be recovered by the
Treasurer of said Corporation, to their use, in an Action
of trespass on the case, and if any person with a team, Penalty for
cattle, or horses, turn out of said road to pass any of the illegally to
turnpike gates aforesaid, and again enter said road, with evade the tolu
an intent to avoid any toll, established as aforesaid, such
person shall forfeit & pay, three times as much as the legal
toll at such gate or gates, established as aforesaid, to be
recovered by the Treasurer aforesaid, to the use aforesaid,
by an Action of Debt. Provided that nothing in this Act
shall extend to entitle the said Corporation, to demand or
receive toll of any person, who shall be passing with his
horse or carriage, to or from Public Worship, or with his
horse, team, or Cattle, to or from his Common labor, or
to or from any Mill, or on the Common or Ordinary busi-
ness of family concerns, within the said town, or from
any person or persons, passing on military duty.

Section 11. And be it farther Enacted that the shares shares deemed
in said road & bridge shall be deemed personal estate, to and^oce^sof3'
all intents and purposes, and shall be transferable by attachment-
Deed, duly Acknowledged before any Justice of the Peace,
and Recorded by the Clerk of the said Corporation, in a
book to be kept for that purpose, and when any such
share shall be attached on Mesne process, or taken in
execution an attested copy of such writ of attachment or
execution shall at the time of the Attachment or taking
in Execution, be left with the Clerk of said Corporation,
otherwise the attachment or taking in Execution shall be
void : and such shares may be taken & sold by execu-
tion in the same manner as other personal estate, and the
Officer or Judgment Creditor leaving a Copy of such
execution with the return thereon, with such clerk within
fourteen days after such sale, and paying for the recording
thereof, shall be deemed a sufficient transfer of the same.

Section 12. And be it further enacted, that the said 2pee™|andf
Corporation shall within six months after their toll shall ""^"^{Jf^d
commence at any of the said gates, lodge in the Secretary's
Office, an Account of all expences incurred in making
said road, previous to the taking toll at such gate, and
within six months after said Turnpike road shall be com-
pleted, lodge in said Office an Account of the expences,
of the whole of said road, (the said Bridge over Mystick

362

Acts, 1801. — Chapter 63.

Shares of
delinquents
to be sold.

Corporation
may be dis-
solved when
compensated,
&c. by the toll.

river excepted) and that the said Corporation shall annually
exhibit, to the Governor & Council, a true account of the
income or dividend arising from said toll, with the neces-
sary annual disbursements on said road, and that the
books of said Corporation, both as to the Bridge and
Road, shall at all times be subject to the inspection of a
Committee to be appointed by the General Court, or to the
inspection of the Governor and Council when called for.

Section 13. And be it further Unacted, that when-
ever any Proprietor shall neglect or refuse to pay any tax
or assessment duly voted and agreed upon by the said
Corporation to their Treasurer, within thirty days after
the time set for the payment thereof, the Treasurer of the
said Corporation is hereby authorized to sell at public
Vendue, the share or shares of such delinquent proprietor
one or more as shall be sufficient to defray said taxes &
necessary incidental Charges, after duly notifying in one
news paper printed in Salem, and the one printed in
Boston, by the Printers of the General Court, the sum
due on such shares, and the time & place of Sale, at least
thirty days previous to the time of sale, and such Sale
shall be a sufficient transfer, of such share or shares so
sold to the person purchasing the same ; and on pro-
ducino- a Certificate from the Treasurer, to the Clerk of
said Corporation, the name of such purchaser with the
number of Shares so sold, shall be by the Clerk entered
on the Books of the said Corporation ; and such person
shall be considered to all intents the proprietor thereof,
and the overplus, if any there be, shall be paid on demand
by the Treasurer to the persons whose shares were then
sold.

Section 14. And be it further Enacted, that the Gen-
eral Court may dissolve the said Corporation, so far as
may respect the said Turnpike road whenever it shall
appear to their satisfaction that the said income arising
from said toll shall have fully compensated the said
Corporation for all monies they may have expended in
purchasing, repairing, & taking care of the said road,
together with an interest thereon, at the rate of twelve
dollars on the hundred, for a year from the time of the
same, and thereupon the Interest in the said Turnpike
road shall vest in the Commonwealth, but the said Cor-
poration shall remain to all intents and purposes, in
respect to the said Bridge over Mystick river, for and

Acts, 1801. — Chapter 63. 363

during the said term of Seventy years upon the conditions
aforesaid ; and all the other Bridges on said Turnpike
road, shall be well built, and the same, as well as the Road
over said Marsh, shall be secured with sufficient rails.
Provided, that if the said Corporation shall neglect to Road, &c to
complete said Turnpike road & bridge for the space of witwn s'yetrs.
five years from the passing of this Act, the same shall be
void, and of no effect. Provided also, that no toll shall
be received, at said bridge, before the said Turnpike road
shall be completed.

Section 15. And be it further enacted, that the said The ton may

J 'be commuted.

Corporation be, and it is hereby empowered to Commute
the rate of toll, with any person, or with the Inhabitants
of any town, thro' which their Turnpike road is made, by
taking of him or them, any certain sum annually, or for
a less time, to be mutually agreed on, in lieu of the toll
established in & by this Act. Provided however that the
sum to be allowed for the Turnpike gates, shall always
be kept distinct from the sum allowed for the Bridge gate.

Section 16. And be it further Unacted, that the said KdJ^,,,,,
Corporation is hereby allowed to grant monies to such real estate.
persons as rendered Services to the Proprietors in ex-
ploring the rout of the Turnpike road or other-wise,
previous to the Act of incorporation. And the said
Corporation is hereby authorized to purchase and hold
other real estate, adjacent to, and for the Accommodation
of the said road, to the amount of Twelve thousand
Dollars.

Section 17. And be it further enacted, that the said j^,8^0 be
Proprietors shall be holden to Erect and keep in repair a Breed's island.
Convenient dwelling house on the Island called Breed's
Island in the marsh aforesaid ; and keep a family living
in said House during the term for which said Turnpike
road is granted. And whereas it is agreed that the
Maiden bridge Corporation shall have and hold the prop-
erty of one half of the said Chelsea bridge without any
part of the corporate powers aforesaid and pay one half
of the Expences of the same bridge and have such infor-
mation and evidence as may be essential to the preserva-
tion of their said property — therefore

Section 18. Be it further enacted that of the twenty Proprietors of
four hundred shares into which the property of the said toown one gL
Chelsea bridge shall be divided twelve hundred shall be JS£.Che,Bea
the property of and invested in the Proprietors of the

364

Acts, 1801. — Chapter 63.

No proprietor
to have more
than 20 votes.

Shares held by
the Maiden
bridge pro-
prietors to
be subject to
assessments,
&c. &c.

Maiden bridge
proprietors
authorized to
receive the
shares.

said Maiden bridge, And the President and Directors of
the said Salem Turnpike and Chelsea bridge corporation
shall make out and deliver to the Treasurer of the said
Maiden bridge Corporation One hundred & twenty good
& valid certificates of said twelve hundred shares each
Certificate containing ten shares thereby certifying the
same to be the property of the said proprietors, And the
President and Directors of the said Maiden bridge cor-
poration shall thereupon Assign and transfer ten of said
shares to the proprietor of each share in said Maiden
bridge to the intent that the proprietors of said Maiden
bridge shall be-come proprietors of the said twelve hun-
dred shares in Chelsea bridge in the same proportions of
interest as they now hold their property in said Maiden
bridge — And a share in said Turnpike road and in the
remaining half or part of said Chelsea bridge shall con-
stitute one share and entitle the owners thereof to one
Vote as aforesaid within the true intent and meaning of
this Act — Provided that no one proprietor in this Cor-
poration shall have more than twenty Votes.

Section 19. Be it further enacted that the said twelve
hundred shares and every part thereof to be transferred
shall at all times be subjected to the same assessments,
executions, sales and forfeitures as the other shares in
said Chelsea bridge are made liable ; but no proprietor or
proprietors, purchaser or purchasers of any part of the
said twelve hundred shares so transferred shall by reason
thereof have any Vote in this Corporation constituted by
this Act, And every such proprietor or purchaser shall
receive his dividend of the Treasurer from time to time of
the said Maiden bridge Corporation — And one half of all
the dividends to be declared on all the profits that may
arise from the toll of said Chelsea Bridge shall within ten
days from the making such dividends be paid over by the
Treasurer of the said Salem Turnpike and Chelsea bridge
Corporation to the Treasurer of the said Maiden bridge
Corporation for the Use and benefit of the proprietors of
said Maiden bridge, in the proportions of their respective
shares therein.

Section 20. And be it further Enacted, that the Propri-
etors of the said Maiden Bridge, be and they hereby are,
in their Corporate Capacity, fully Authorized, impowered
& made capable of receiving and holding on the Terms
fixed by this Act, all the shares hereby assigned to them

Acts, 1801. — Chapter 64. 365

in the Chelsea Bridge to be erected in virtue of and by
force of this Act.

Section 21. Be it further Enacted that the said Mai- foaiddepP™to0rB
den bridge Corporation shall during the said term of Sev- agents to meet

D , * . , • x i * , , ! with proprietors

enty years have a right to appoint two Agents to attend of Chelsea
the Meetings of the proprietors and of the directors of bndge-
the said Salem Turnpike and Chelsea Bridge Corporation
which Agents and each of them shall have a right to sit
and debate but not have a Vote in said Meetings And the
Clerk of the said Corporation shall from time to time at
the request of the said Agents or of either of them make
out attest and deliver to him or them copies of such parts
of the books of said Corporation respecting said Chelsea
bridge as he or they shall demand.

Approved March 6, 1802.

1801. — Chapter 64.

[January Session, ch. 40.]

AN ACT TO INCORPORATE THE PLANTATION, CALLED THE PE-
JEPSCOT CLAIM, AND LITTLE'S GORE IN THE COUNTY OF
CUMBERLAND INTO A TOWN BY THE NAME OF PEJEPSCOT.

Section 1. Be it enacted by the Senate & House of
Representatives, in General Court assembled, and by the
Authority of the same, that the plantation heretofore called Boundaries.
the Pejepscot Claim, with a gore of land called Little's
Gore, in the County of Cumberland, as described within
the following bounds, with the Inhabitants thereon, be
and they are hereby incorporated into a town by the name
of Pejepscot. Beginning North-Easterly, by a line drawn
on the middle of the great Amerescoggin river, South
easterly by the town of Durham Southwesterly by the
town of New Glocester, and Northwesterly by the town
of Poland. Aud the said town is hereby invested with all
the powers, privileges, rights and immunities, with which
other towns are vested, by the Constitution and Laws of
this Commonwealth.

Section 2. And be it further enacted, that Nathl. C. First meeting.
Allen Esqr. be, and he is hereby authorised to issue his
Warrant, directed to some suitable Inhabitant of the said
town of Pejepscot, requiring him to notify & warn the In-
habitants of the said town, qualified by law, to vote in
town affairs, to meet at such convenient time and place,
as shall be Expressed in said Warrant, to choose all such

366

Acts, 1801. — Chapter 65.

Officers, as other towns within this Commonwealth, are
by law required to choose in the Months of March or April
annually. Approved March 6, 1802.

Agents and
their duty.

Notification to
be given of the
meeting of the
agents.

Penalty for
neglect of duty.

Penalty for
illegally taking
said fish.

1801. — Chapter 65.

[January Session, ch. 41.]

AN ACT FOR THE PRESERVATION AND REGULATING THE TAK-
ING OF FISH CALLED ALE WIVES, IN THE BROOK RUNNING
FROM THE WEST QUITTICUS POND TO THE EAST QUITTICUS
POND, NEAR THE LINE BETWEEN THE TOWNS OF MIDDLE-
BOROUGH AND ROCHESTER, IN THE COUNTY OF PLYMOUTH.

Sec 1st. Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by the
authority of the same, That the said towns of Middlebor-
ough and Rochester, shall annually at a regular town
meeting, respectively choose an Agent, whose duty it
shall be, annually to sell at Public auction, the priviledge
of taking said fish at said brook on Tuesdays, Wednes-
days and Thursdays in each week, & publish their condi-
tions of sale, wherein said Agents shall express the price
at which the purchasers shall sell said fish, which shall be
at the rate of twenty five Cents per hundred, and also the
manoer of taking and disposing of the same.

Sec 2. And be it further enacted, That the Agent of
the said town of Middleborough the first year, and the
Agent of the said town of Rochester the second year and
so on alternately forever, shall notify the town Clerk
of the other town concerned in said fishery of the time
and place in which said Agents shall meet, ten days at
least before the time of meeting.

Sec 3d. And be it further enacted, That if either of
said towns shall neglect to choose their respective Agents
as aforesaid, or if either of such Agents shall neglect to
give notice to the other as above required, such delinquent
town or Agent, shall forfeit and pay to the use of the
town which shall choose such Agent, for each offence, the
sum of thirty Dollars.

Sec 4th. And be it further enacted, That all persons
who shall take any of said fish in said brook and be thereof
convicted before any Court proper to try the same, shall
forfeit and pay a sum not less than two, nor more than ten
Dollars, except the purchaser or purchasers as aforesaid,
or those employed by them, who shall have liberty to take
said fish on said days.

Acts, 1801.— Chapter 66. 367

Sec. 5th. And be it further enacted. That it shall be Agents to sue

for li lien

the duty of the said Agents, or any other person chosen
by the said towns of Middleborough and Rochester re-
spectively, to sue for the recovery of any forfeiture in-
curred by the breach of the regulations provided in this
Act, and also of such further regulations as may from
time to time be provided and established by said Agents ;
and all fines and forfeitures recovered for any breaches Appropriation
aforesaid, except such as are mentioned in the third Sec- ° neB,l<
tion of this Act, shall, together with the net proceeds of
said fishing, be equally divided between said towns ; and
the Treasurers of the towns aforesaid respectively, may
in behalf of their respective towns, recover in an action
on the case of any person or persons, corporation or cor-
porations withholding the same, one moiety thereof, in
any Court proper to try the same.

Sec. 6th. And be it further enacted, That the pur- Purchasers to
chasers of the priviledge of taking said fish as aforesaid, ?egu?aUon°s.
shall in all respects conform themselves to such regulations
and conditions as said Agents shall publish in their condi-
tions of sale as aforesaid, and in failure thereof, shall for-
feit and pay for each offence a fine not exceeding one
hundred, nor less than ten Dollars.

Sec. 7th. And be it further enacted, That either of ^f^w^8"
the Agents for the said towns of Middleborough & Roch- nesses.
ester, may be admitted as competent Witness, in any pro-
secution for the breach of any regulations as aforesaid,
and said Agents, previous to entering upon the execution
of their office, shall be sworn to the faithfull discharge of
their duty, as other town officers are sworn.

Approved March 6, 1802.

1801. — Chapter 66.

[January Session, ch. 42.]

AN ACT TO REGULATE THE SHAD AND ALEWIFE FISHERY IN
THE TOWN OF WARREN, IN THE COUNTY OF LINCOLN.

Sec. 1. Be it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the au-
thority of the same, That it shall and may be lawfull for Privilege of
the town of Warren, in the County of Lincoln, annually, dhipo'ifedof!
at any legal meeting of the inhabitants of said town, to
sell, or otherwise dispose of the privilege of taking the
fish called shad and alewives in any river, or place within

368

Acts, 1801. — Chapter 66.

Penalty for
illegally taking
the fish.

Penalty for
refusal to sell
the alewives.

Price regulated

A fish-com-
mittee to be
chosen ; and
their duty
prescribed.

the limits of said town, not exceeding three days in each
week, under such regulations as the said town shall direct ;
and the emolument arising from said privilege shall be ap-
propriated, by said town, to such purposes and uses as the
inhabitants thereof shall, in town meetings, from time to
time, determine.

Sec. 2. Arid be it further enacted, that, if the pur-
chaser, or purchasers, manager or managers of the said
privilege, or those employed by them, shall presume to
take any of the said fish at any other time or place in said
town than shall be determined by said town, and if any
other person whatever shall presume to take or catch any
of said fish in any river or stream within the boundaries
of said town without permission from the inhabitants
thereof in legal town-meeting, he or they, so offending,
shall, for each offence, forfeit and pay a sum not exceed-
ing thirteen dollars nor less than one dollar, at the discre-
tion of the Justice before whom the offence shall be tried.

Sec. 3. And be it further enacted, That if the pur-
chaser, or purchasers, manager or managers of said privi-
lege shall, when in his, or their power, refuse to supply
any person, or persons, inhabitant or inhabitants of any
town lying on St. Georges River with any quantity of ale-
wives, when green, not exceeding five hundred to any one
person, who may apply therefor, at such rates, as shall be
determined by said town, not exceeding twenty cents for
an hundred, he or they, so offending, shall, for each
offence, forfeit and pay the sum of one dollar, and if any
person or persons shall ask, demand or receive, more than
twenty cents for an hundred of alewives, and in that pro-
portion for a less number at the landing where said fish
are taken, he or they shall forfeit and pay the sum of one
dollar.

Sec. 4. And be it further enacted, that the said town
of Warren shall, at their annual meeting in March or
April, choose a Committee, not exceeding seven, nor less
than three freeholders of said town, who shall be sworn
or affirm to the faithfull discharge of the duties enjoined
upon them by this act, and it shall be the duty of the said
committee to cause the natural course of the rivers, or
streams, thro' which the said fish shall pass, to be kept
open and without obstruction, during the whole time the
said fish pass up, and down said rivers, or streams in each
year ; and to remove any such obstruction as shall be found

Acts, 1801. — Chapter 66. 369

therein ; and the said committee or a majority of them, in
the discharge of their duty, and also, those, who are law-
fully employed in catching the said fish, or in buying the
same, shall be permitted at all times to go upon, and pass
over the lands of any person, thro' or by which said rivers,
or streams run, without being considered as tresspassers ;
and any person, who shall hinder or molest the said Com-
mittee in the buisness of his or their office, or shall ob-
struct any passage way in any of the said Rivers or Streams ;
otherwise than may be permitted by said Committee, or a
majority of them, he or they, so offending, shall forfeit
and pay, for every such offence, a sum not exceeding thir-
teen dollars, nor less than one dollar, at the discretion of
the Justice, before whom the same shall be tried: Pro- committee are
vided nevertheless, That nothing in this act shall be con- sarii^t'oinjure
sidered as authorizing the said committee to injure the miIlB' &c*
proprietor of any mill, or water works, further than is
necessary to give the said fish a good and sufficient pas-
sage up and down the rivers, and streams aforesaid.

Sect. 5. Provided also , and be it further enacted, That Application

i i> j i • -i s» i i i i may be made

whereas a passage way tor the said nsh has been made to the court of
around certain mills situated at the great falls in St. commutee°toa
Georges River, so called, in said town, and it is necessary PnaB8^ageaway
to ascertain whether the same is sufficient for the passage
of said fish, before the time for holding the next court of
General Sessions of the peace in the County of Lincoln,
David Fales,JohnMcKellar,andMosesCopeland, Esquires,
be, and they are hereby appointed a Committee to repair, in
the ensuing Spring, at the request, and expence of the pro-
prietors of the said mills, to the place where said passage-
way is, before the usual time for the running of said fish,
and to ascertain, and determine, whether the same is suffi-
cient for the passage of said fish ; and if it shall be consid-
ered sufficient by the said Committee, and shall be kept,
by the proprietor of said Mills, during the Spring, and
Summer next ensuing, in the same state as when viewed
by the said Committee ; it shall be considered as sufficient
for the passage of said fish, for the present year; and it
shall be lawfull for any owner, or occupant of any mill,
or dam already built, or hereafter to be built upon St.
Georges River, or any stream communicating there with,
within the limits of said town, who is or may be obliged
to open any passage for said fish, to apply to the Court of
General Sessions of the Peace, next to be holden in, and

370

Acts, 1801. — Chapter 66.

Inspecting
committee to
report.

Fish commit-
tee to prose-
cute for fines.

Recovery and
appropriation
of fines.

for said County ; and the Justices of the said Court on
such application, are hereby authorized and directed to
appoint a Committee of three discreet, and disinterested
freeholders of said County, under oath, to repair to the
dam, or place where such passage is, or is proposed to be
opened, and carefully to view and examine the same, and
in the best manner, they are able, inform themselves, of the
proper place for the passage of the said fish up, and down
the said river & stream, of what dimensions the same
shall be ; and what part of each year and how long the
same shall be kept open ; and the said Committee shall
return the same under their hands or the hands of the
majority of them, to the said Court, as soon as may be,
which return, so made, if accepted, by said Court, shall
be deemed, and adjudged the lawfull rule of proceeding in
making, and keeping open the passage or passages for
said fish in passing up and down the said river or streams
for the future.

Sec. 6. And be it further enacted, That it shall be
the duty of the fish committee appointed by said town,
to prosecute for all breaches of this act, and for any one of
them to seize, and detain in their custody, any net, which
may be found in the hands of any person using the same
contrary to the true intent and meaning of this act, until
the person so offending makes satisfaction for his offence,
or is legally acquitted therefrom ; and also to sieze to the
use of said town, all such fish as they shall suspect to
have been taken contrary to the provisions of this act,
unless the person in possession thereof can give satisfac-
tory evidence to said committee, that said fish were law-
fully taken.

Sec. 7. And be it further enacted, that all the penal-
ties incurred by any breach of this act, shall be recovered
by an action on the case, or by an action of debt, before
any Justice of the Peace within and for the County of
Lincoln, allowing an appeal to the next Court of Common
Pleas to be holden in, and for said County, and all sums
of Money recovered in consequence of any breach of this
act, shall be to the use of said town, and no person by
reason of his being one of said Committee, or an inhabi-
tant of said town, shall be, thereby, disqualified from being
a witness in any prosecution, or suit for the breach of this
act. Approved March 6, 1802.

Acts, 1801. — Chapter 67. 371

1801. — Chapter 67.

[January Session, ch. 43.]

AN ACT TO SET OFF NATHANIEL PRENTISS, AND OTHERS,
FROM THE TOWN CHARLESTOWN, IN THE COUNTY OF MID-
DLESEX, AND ANNEX THEM TO THE TOWN OF CAMBRIDGE,
IN THE SAME COUNTY.

Sec 1. Be it enacted by the /Senate, and House of
Representatives, in General Court assembled, and by the
authority of the same, That Nathaniel Prentiss, Josiah Persons set off.
Willington, Stephen Goddard, Benjamin Goddard and
Nathaniel Goddard, together with the lands situated
within the following lines : Vizt. Beginning at the south- Boundary of
easterly side of the house lot of Stephen Goddard, at the land8etoff-
point, where the boundary line between said house lot,
and the lands of Walter Frost, intersects the North-east-
erly line of Cambridge ; thence riming North-easterly,
by said boundary line, to the road leading by the house
of Timothy Tufts; thence North-westerly, by said road,
to the line, which divides the lands of Nathaniel Goddard
from the lands of Nathan Watson ; thence southwesterly
by the line last mentioned to Cambridge line ; thence
southeasterly, by Cambridge line, to the point of begin-
ing, be, and hereby are set off from the town of Charles-
town and annexed to the town of Cambridge.

Sec 2. Be it further enacted, That the said Nathaniel Provision

*/. , respecting debts

Prentiss, Josiah Willington, Stephen Goddard, Benjamen and taxes.
Goddard and Nathaniel Goddard, with such parts of their
estates as are set off by this act, shall be held to the pay-
ment of all taxes already assessed upon them by the town
of Charlestown, and also be held to the payment of their
respective proportions of the debts due from the town
of Charlestown, (after deducting therefrom the School
funds,) as follows : Viz. Nathaniel Prentiss fourteen dol-
lars ; Josiah Willington, fourteen dollars; Stephen God-
dard, twelve dollars ; Benjamen Goddard, eleven dollars ;
Nathaniel Goddard, nine dollars ; and the town of Charles-
town 6hall have a right to assess the several sums afore-
said on the Polls and Estates so sett off, at any time within
one year from the passing of this act, if the same shall
not be paid to the treasurer of said town prior to such
assessment. Approved March 6, 1802.

372

Acts, 1801. — Chapters 68, 69.

Preamble.

The purchase
of a new lot
authorized.

How to become
a member.

1801. — Chapter 68.

[January Session, ch. 44.]

AN ACT IN ADDITION TO AN ACT ENTITLED « AN ACT FOR IN-
CORPORATING THE MEMBERS OF THE EPISCOPAL CHURCH
IN THE TOWN OF PORTLAND INTO A RELIGIOUS SOCIETY."

Whereas it appears, that the said society with others
contemplate rebuilding their church on a different spot,
and by the said act, they are not empowered to purchase
one for that purpose, which has occasioned some doubts;
and whereas only the names mentioned in the said act are
expressly incorporated without any mention of such as
might thereafter join the said church.

Sec 1st. Be it enacted by the Senate, and House of
Representatives in General Court assembled and by the
authority of the same, that the Wardens, and Vestry of
the said Church be, and they are hereby authorized and
empowered with the real estate now belonging to said
church, or the proceeds of the same, to purchase in the
name, and to the use of said church, any other lot of land,
or situation in the said Town of Portland which may be
deemed eligible for the purpose of rebuilding their House
of public worship on the same, and that the said lot of
land, or situation, when so purchased, shall belong to
those, who shall subscribe for, and assist in rebuilding
said House, in proportion to their subscriptions and actual
assistance.

Sec 2d. And be it further enacted, that such persons
as shall subscribe for, and build the said house, together
with such others as may hereafter join the said church by
giving notice in writing to the Clerk of the parish, or
society, which they shall leave seven days at least previ-
ous to the annual meeting held in March or April by the
Parish, or Society, they intend to leave as aforesaid, and
being accepted by said church, shall be accounted as a
member or members of the corporation of said church as
established by the act aforesaid to all intents and purposes.

Approved March 6, 1802.

1801. — Chapter 69.

[January Session, ch. 45.]

AN ACT ESTABLISHING THE NORFOLK AND BRISTOL TURN-
PIKE CORPORATION.

Sec 1st. Be it enacted by the Senate and House of
Representatives in General Court assembled, and by the

Acts, 1801. — Chapter 69. 373

authority of the same, That Epkraim Starkweather, Oliver Persons
Starkweather, Oziel Wilkinson, Eliphalet Slack, Samuel ,ncorporate ■
Slack, William Blackington, Israel Hatch, Elijah Daggett,
Joseph Holmes, Fisher Ames, James Richardson, John
Whiting, Timothy Whiting, Timothy Gay Junr., and all
such persons as shall be associated with them, and their
Successors, shall be a Corporation by the name of The
Norfolk and Bristol Turnpike Corporation ; and shall by
that name sue and be sued, and enjoy all the priviledges
and powers which are by law incident to Corporations,
for the purpose erf laying out and making a Turnpike Course of the
road from the Court House in Dedham, in the County of
Norfolk, to the north parish Meeting House in Attle-
borough, in the County of Bristol, and from thence to
Pawtucket Bridge, so called, and for keeping the same in
repair. The said Turnpike to begin at the Court House
in Dedham aforesaid, and thence to run as near a strait
line from the said Court House in Dedham to the said
Pawtucket Bridge, as a Committee appointed by the Gen-
eral Court, shall, with due regard to the nature of the
ground, direct; and which said Committee is hereby
authorized and directed to locate the same road accord-
ingly ; which road shall not be less than four rods wide, width.
except in such parts thereof, as the said Committee shall
think it expedient, otherwise to direct ; but said road
shall in no part thereof be less than three rods wide, and
the part to be travelled on not less than twenty feet in
width in any place ; and that when said Turnpike road
shall be sufficiently made, and shall be so allowed and
approved by the abovesaid Committee, then the said
Corporation shall be authorized to erect three Turnpike Number of
Gates on the same, in such manner as shall be necessary gate8'
and convenient, in such places as the abovesaid Committee
shall direct ; and shall be entitled to receive from each
traveller and passenger, at each of the said Gates, the
following rates of toll, to wit. For every coach, phaeton, Ton.
chariot or other four wheel carriage, drawn by two
horses, twenty five Cents, and if drawn by more than
two horses, an additional sum of four Cents for each
horse. For every curricle seventeen Cents. For every
cart, waggon, sled or sleigh, drawn by two oxen or
horses, ten Cents, and if drawn by more than two, an
additional sum of three Cents for each horse or ox. For
every chaise, chair or other carriage drawn by one horse,
ten Cents. For every sled or sleigh, drawn by one horse,

374

Acts, 1801. — Chapter 69.

Exceptions.

Toll may be
commuted.

Sign board to
be erected.

Land may be
taken.

six Cents. For every man and horse four Cents. For
all oxen, horses, mules and neat cattle, led or driven,
besides those in teams and carriages, one Cent each.
For all sheep and swine, three Cents by the dozen, and
in that proportion for a greater or less number. Pro-
vided, that nothing in this Act shall extend to entitle the
said Corporation to demand toll of any person who shall
be passing with his horse or carriage to or from public
worship, or with his horse or team, to or from any mill,
or with his horse, team or cattle, to or from his common
labour on his farm, or on the common and ordinary busi-
ness of family concerns within the same towns ; or any
person passing on military duty : & That when no toll
gatherer shall be present at either of the said Gates, to
receive the toll, the said Gate shall be left open, and
travellers be permitted to pass freely. Provided also,
that no Turnpike Gate shall be erected at any place on
the present travelled road. Provided also, And be it
further enacted That the said Corporation be. and it is
hereby empowered to commute the rate of toll with any
person, or with the inhabitants of any town through
which the said Turnpike road shall be made, by taking
of him or them any certain sum annually, or for a less
time, to be mutually agreed on, in lieu of the toll estab-
lished in and by this Act.

Sec. 2d. And be it further enacted, That the said
Corporation shall at each place where the toll shall be
collected, erect and keep constantly exposed to view a
sign or board, with the rates of toll of all the tollable
articles, fairly and legibly written thereon in large or
capital letters.

Sec. 3d. And be it further enacted, That the said
Corporation may purchase and hold land over which they
may make said road. And the said Corporation shall be
holden to pay all damages which shall arise to any person
by taking his land for such road, where it cannot be
obtained by voluntary agreement, to be estimated, if
lying within the County of Norfolk aforesaid, by a Com-
mitteee appointed by the Court of General Sessions of
the Peace, in said County of Norfolk ; and if such lands
lie in the County of Bristol aforesaid, by a Committee
appointed by the Court of General Sessions of the Peace
in said County of Bristol, saving to either party the right
of trial by Jury according to the law which provides for

Acts, 1801. — Chapter 69. 375

the recovery of damages, accruing by laying out public
high ways.

Sec. 4th. And be it further enacted, That if any per- Penalty for
son, cut, break down or destroy either of the said Turn- forciwy passing
pike Gates, or shall forcibly pass, or attempt to pass the thegates-
same by force, without having first paid the legal toll at
such Gate, such person shall forfeit and pay a fine not
exceeding fifty, nor less than two Dollars, to be recovered
by the Treasurer of the said Corporation, to their use, in
an action of trespass. And if any person shall with his
cattle, team, carriage or horse, turn out of the said road
to pass either of the said Turnpike Gates, on ground ad-
jacent thereto, and again enter on said road, with intent
to avoid the toll due by virtue of this Act, such person
shall forfeit and pay, three times so much as the legal toll
would have been, to be recovered by the Treasurer of said
Corporation, to the use thereof, in an action of debt.

Sec. 5th. And be it further enacted, that if the said dt\&ytli°r
Corporation, their tollgatherers, or others in their em- Pa88engers.
ployment, shall unreasonably delay or hinder any traveller
or passenger at either of said Gates, or shall demand and
receive more toll than is by this act established, the Cor-
poration shall forfeit and pay a sum not exceeding ten
Dollars, nor less than one Dollar, to be recovered before
any Justice of the Peace, not being a proprietor in said
Corporation, of the County where the offence shall be
committed by any person injured, delayed or defrauded,
in a special action on the case ; the writ in which action,
shall be served on the Corporation, by leaving a copy of
the same with the Treasurer, or with some individual
member of the Corporation living within the County where
the offence shall be committed, at least seven days before
the day of trial ; and the Treasurer of the said Corpora-
tion, or any individual member shall be allowed to defend
the same suit in behalf of the Corporation; and the Cor- Road, &?. to
poration shall be liable to pay all damages which shall good repair,
happen to any person from whom toll is by this act de-
mandable, for any damages which shall arise from any
defect of bridges, or want of repairs within the same way ;
and shall be also liable to a fine, on the presentment of
the Grand Jury, for not keeping the same way or the
bridges thereon in good repair.

Sec. 6th. And be it further enacted, That the Shares shares deemed
in the same Turnpike road, shall be taken deemed and Mode of trans- '

376

Acts, 1801. — Chapter 69.

fer and attach-
ment.

Every share
entitles to a
vote, with a
proviso.

Mode of pro-
ceeding with
a delinquent
proprietor.

considered to be personal estate to all intents and pur-
poses, and shall and may be transferable ; and the mode
of transfering said shares, shall be by deed acknowledged
before any Justice of the Peace, and recorded by the
Clerk of said Corporation in a book to be kept for that
purpose ; and when any of the said shares, shall be at-
tached on mesne process, or taken in execution, an attested
copy of such writ of attachment or execution, shall at the
time of the attachment, or taking in execution, be left
with the Clerk of the said Corporation, otherwise such
attachment, or taking in execution, shall be void; and
such shares may be sold on execution in the same manner
as is or may by law be provided for the sale of personal
property by execution, the Officer making sale, or the
Judgment Creditor, leaving a copy of the execution and
of the Officers return on the same with the Clerk of the
said Corporation, within ten days after such sale, and pay-
ing for the recording of the same.

Sec. 7th. And be it further enacted, That every pro-
prietor in the said Turnpike road, or his agent duly au-
thorized in writing, shall have a right to vote in all meet-
ings of the said Corporation, and be entitled to as many
votes as the proprietor has shares in the same : Provided
his number of shares do not exceed ten ; but no proprietor
shall be entitled to more than ten votes for any greater
number of shares he may possess.

Sec. 8th. And be it further enacted, That whenever
any proprietor shall neglect or refuse to pay any tax or
assessment, duly voted and agreed upon by the Corpora-
tion, to their Treasurer, within Sixty days after the set time
for the payment thereof, the Treasurer of the said Corpo-
ration is hereby authorized to sell at public vendue the
share or shares of such delinquent proprietor, one or more,
as shall be sufficient to defrey said taxes, and necessary
incidental charges, after duly notifying in the News papers
printed at Dedham, or in some paper printed in Boston,
the sum due on any such shares, and the time and place of
sale, at least twenty days previous to the time of sale ; and
such sale shall be a transfer of the share or shares sold,
to the person purchasing ; and on producing a Certificate
of such sale from the Treasurer to the Clerk of such Cor-
poration, the name of such purchaser with the number of
shares so sold, shall be by the Clerk entered on the books
of the said Corporation, and such person shall be con-

Acts, 1801. — Chapter 69. 377

side red to all intents & purposes, the proprietor thereof;
and the overplus, if any there be, shall be paid on demand
by the Treasurer, to the person whose shares where thus
sold.

Sec. 9th. And be it further enacted, That a meeting First meeting,
of the said Corporation shall be held at the house ofneasofit. "'
Joseph Holmes in Attleborough, on the last Tuesday of
March instant for the purpose of choosing a Clerk, who
shall be sworn to the faithful discharge of his trust ; and
such other Officers as shall then and there be agreed upon
by the said Corporation, for regulating the concerns
thereof; and that the said Corporation may then & there
agree upon such method of calling meetings in future, as
they may judge proper.

Sec. 10th. And be it further enacted, That the said SpSmm?
Corporation shall within six months after the road is com- 1e°ch°ibitetd.be
pleted, lodge in the Secretary's Office, an account of the
expences thereof; and that the said Corporation shall an-
nually exhibit to the Governor and Council, a true account
of income or dividend arising from the toll, with their
necessary annual disbursements on said road ; and that
the books of the said Corporation, shall at all times be
subject to the inspection of a Committee to be appointed
by the General Court, or to the inspection of the Governor
and Council, when called for.

Sec. 11th. Be it further enacted, That the said Cor- JJjSSHn
poration is hereby allowed to grant monies to such persons certain case,
as rendered services to the proprietors in exploring the
said road or otherwise, previous to the act of incorpora-
tion.

Sec. 12th. And be it further enacted, That the General Sonnwyb?"
Court may dissolve said Corporation, whenever it shall certainrale.
appear to their satisfaction that the income arising from
the toll, shall have fully compensated the said Corporation
for all monies they may have expended in purchasing, re-
pairing, and taking care of the said road, together with
an interest thereon at the rate of twelve per centum by
the year, and thereupon the property of the said road
shall be vested in this Commonwealth, and be at their dis-
posal. Provided That if said Corporation shall neglect
to complete the said Turnpike road for the space of three
years from the passing of this Act, the same shall be void
and of no effect. Approved March 8, 1802.

378

Acts, 1801. — Chapter 70.

Corporate
name.

Manner of
calling the first
meetiDg, and
business to be
done at it.

1801. — Chapter 70.

[January Session, ch. 46.]

AN ACT TO INCORPORATE CERTAIN PROPRIETORS OF MEADOW
LANDS LYING ON PEQUIT BROOK, WITHIN THE TOWN OF
CANTON FOR THE PURPOSE OF FLOWING & DRAINING OFF
THE STAGNANT WATERS, & FOR THE BETTER IMPROVING
THE SAID LANDS.

Sect. 1. Be it enacted by the Senate & House of
Representatives in General Court Assembled, & by the
Authority of the same, That from & after the passing
of this Act all the Proprietors of certain Meadow Lands
adjoining on Pequit Brook between the road that leads
from Canton to Stoughton, & upland owned by Capt. Ar-
chibald McKendry & Mr. Elijah Gill in the County of
Norfolk be & they are hereby incorporated into a body
Politic by the name of The Proprietors of Pequit Brook
Meadows, & by that name may sue & be sued, & do &
suffer all matters acts or things which bodies politic may
or ought to do & suffer.

Sect. 2. And be it further enacted, that any Justice
of the Peace in the County of Norfolk be & he hereby is
empowered & directed upon application in writing from
five or more of said Proprietors to issue his warrant to
one of the Proprietors aforesaid, requiring him to notify
& warn a meeting of said Proprietors, at such time &
place as he shall think most convenient & for the purposes
to be expressed in said warrant by posting up copies of
said warrant with the notification thereon at the houses of
Public Worship in the towns of Canton & Stoughton
seven days at least before the time for holding said Meet-
ing & the said Proprietors when legally assembled as
aforesaid shall have power to choose a Clerk, Committee,
Assessors, Collector or Collectors of Taxes & Treasurer,
who shall be sworn to the faithful discharge of the trust
reposed in them & continue to serve until others are chosen
& sworn in their places which may be annually, which offi-
cers chosen & sworn as aforesaid shall have the same power
to perform, execute & carry any vote or order of said cor-
poration into full effect as town officers of like description
have by law to do & perform & said Corporation shall at
their first meeting agree & determine upon the method for
calling future meetings & said corporation shall at their
first meeting, or any other meeting legally called for that

Acts, 1801.— Chapter 71. 379

purpose have power to vote & raise monies for the pur- Money may be
pose of removing the bars & other shoal places in said
Pequit Brook for the purpose of draining off the stagnant
water from said Meadows from time to time as shall be
found necessary for saving the grass growing thereon &
for making & keeping in repair a Floom at the Dam
where it has usually been in times past, & to pay all other
expences that shall be found necessary for the better man-
agement thereof, & for carrying the votes & orders of said
Corporation into effect. And all monies raised as aforesaid
shall be assessed upon each Proprietor in the Meadows
aforesaid in proportion to the number of acres, or the
value thereof, he or she owns — And if any Proprietor Lands of deiin.
shall refuse or neglect to pay the sum or sums assessed 80id.
upon him, or her as aforesaid, after sixty days notice, so
much of his, or her Meadow land shall be sold as will be
sufficient to pay the same with legal costs in the same way
& manner non-resident Proprietors lands in this Common-
wealth are sold to pay taxes. Approved March 8, 1802.

1801. — Chapter 71.

[January Session, ch. 47.]

AN ACT TO PREVENT THE CIRCULATION AND CURRENCY OF
BANK BILLS OF A DENOMINATION LESS THAN FIVE DOLLARS.

Whereas the circulation and currency of Bank Bills of Preamble-
a denomination less than five dollars, within this Common-
wealth is attended with many inconveniences subjecting the
holders of such Bills to frequent loss — preventing the cir-
culation of small change, and giving to the Citizens of other
Stales privileges denied to our own: Therefore

Be it enacted by the Senate, and House of Representa-
tives in General Court assembled and by the authority of
the same, that from and after the first day of July next, SanWoiiare"
no person shall pav, or receive in discharge of any con- not to be re-

1 , . *■ J n ill • i ■ i ceived or paid.

tract, or bargain, or for any valuable consideration what-
ever, any Bill issued by any Bank, or Banking Company,
other than the Bank of the United States or the several
Banks within this Commonwealth of a less denomination
than five dollars under a penalty of four dollars, to be re-
covered, as well of the person, so paying, as of the person
so receiving, by action of debt, with costs of suit, to the
use of any person, or persons who shall within one Year
thereafter prosecute for the same.

Approved March 8, 1802.

380

Acts, 1801. — Chapters 72, 73.

Preamble.

Two additional
years allowed
for completing
the road.

1801. — Chapter 72.

[January Session, ch. 48.] •

AN ACT IN ADDITION TO THE ACT ESTABLISHING THE WILL-
IAMSTOWN TURNPIKE CORPORATION.

Whereas in and by an act entitled " An act establishing
the Williamstown turnpike corporation" passed the first
day of March in the year of our Lord one thousand seven
hundred and ninety nine, it is provided, that if the said
corporation shall neglect to complete the turnpike road in
the said act mentioned, for the space of three years from
the time of passing said act, that then the same act should
become void and of no effect; and whereas it is reasonable,
that the said corporation should be allowed further time for
completing said turnpike road. Therefore,

Be it enacted by the Senate and House of Representa-
tives in General Court assembled and by the authority
of the same, that the said Corporation be, and hereby is
allowed the further time of Two years from the passing of
this act for compleating the turnpike road aforesaid : And
if the said road shall be completed within the time in, and
by this act allowed for the completion thereof, and in the
manner provided in the act, to which this is in addition,
it shall have the same operation and effect, in all respects,
as though the said corporation had completed the same
within the time limited therefor in the act aforesaid.

Approved March 8, 1802.

Governor
authorized to
pay certain
rewards.

1801. — Chapter 73.

[January Session, ch. 49.]

AN ACT TO AUTHORIZE THE GOVERNOR IN CERTAIN CASES, TO
OFFER A REWARD FOR THE APPREHENDING AND SECURING
PERSONS ESCAPING FROM PRISON, AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority
of the same, That the Governor be and he is hereby au-
thorized, whenever it shall appear to him necessary, to
offer and pay a suitable reward, not exceeding One Thou-
sand Dollars in any one case, to any person or persons,
who shall in consequence of such offer, apprehend, bring
back, and secure any person or persons escaping from any
of the prisons in this Commonwealth, convicted of any

Acts, 1801. — Chapter 74. 381

capital crime, or other high handed offence and misde-
meanor, or charged therewith. And he is also further
authorized to offer and pay a like reward for the appre-
hending any person or persons having committed any
such crime or offence as aforesaid, where it cannot be done
in the ordinary and common course of proceeding, if in
his opinion the public good requires it. And the Gov-
ernor, with advice of Council, is hereby authorized to
issue his Warrant on the Treasury, for the payment of
such reward. Approved March 8, 1802.

1801. — Chapter 74.

[January Session, ch. 30.]

AN ACT FOR INCORPORATING CERTAIN PERSONS, FOR THE PUR-
POSE OF BUILDING A BRIDGE OVER NEPONSET RIVER BE-
TWEEN DORCHESTER & QUINCY, AND FOR SUPPORTING THE
SAME.

Whereas the erecting a bridge over JSfeponset river from Preamble.
Preston' s point in Dorchester, to Billings's rocks in Quincy,
will be of great public ulillity, and Benjamin Beal and
Moses Black esquires and others, have petitioned this
Court for an Act of incorporation to empotver them to build
the said bridge, and many persons, under the expectation
of such an Act, have subscribed to a fund, for the purpose
of erecting and completing the same.

Sec. 1st. Be it therefore enacted by the Senate and
House of Representatives in General Court assembled, and
by the authority of the same, That Benjamin Beale, Moses corporate
Black, John Davis, John Phillips, and Josiah Quincy name'
esquires, so long as they shall continue to be proprietors
in the said fund, together with all those who are, or shall
hereafter become proprietors in said stock or fund, shall
be a Corporation and Body politic, under the name of
The proprietors of Neponset Bridge, and by that name
may sue and prosecute, and be sued and prosecuted to
final judgment and execution, and do and suffer all mat-
ters and things which Bodies politic may or ought to do
and suffer, and that the said Corporation shall and may
have full power and authority to make, have and use a
common seal, and the same to break and alter at pleasure.

Sec. 2d. And be it further enacted, That the said First meeting.
Benjamin Beale, Moses Black, John Davis, John Phillips
and Josiah Quincy, or any three of them, may by advertise-

382

Acts, 1801. — Chapter 74.

Officers to be
chosen, and
regulations
established.

Toll estab-
lished.

ment in any two News papers, warn or call a meeting of
the said proprietors to be holden at any suitable time and
place, after fifteen days from the publication of such
advertisement ; and the said proprietors, by a vote of the
majority of those present or represented at the said meet-
ing, (accounting and allowing a vote to each single share
in all cases) shall choose a Clerk, who shall be duly sworn
to the faithful discharge of his office ; and shall also agree
on a method for calling future meetings ; and at the same,
or any subsequent meeting, may make and establish any
rules and regulations that shall be necessary for regulat-
ing the said Corporation, for effecting, completing and
executing the purposes aforesaid, or for collecting the toll
hereafter granted ; and the same rules and regulations may
cause to be kept and executed, or for the breach thereof
may order and enjoin fines & penalties, not exceeding
Thirteen Dollars ; provided the rules and regulations are
not repugnant to the Laws or Constitution of this Com-
monwealth. And the said proprietors may also choose
and appoint any other Officer or Officers of the said Cor-
poration, that they may deem necessary ; and all repre-
sentations at the said meeting, shall be proved in writing,
signed by the person making the same, by special appoint-
ment which shall be filed with, or recorded by the Clerk ;
and this Act, and all rules, regulations and votes of said
Corporation, shall be fairly and truly recorded by the said
Clerk, in a book or books for that purpose to be provided
and kept.

Sec. 3d. And be it further enacted, That for the pur-
pose of reimbursing the said proprietors, the money by
them expended, or to be expended in building & support-
ing the said Bridge, a toll be, and hereby is granted and
established, for the sole benefit of the said proprietors,
according to the rates following. For each foot passenger
two Cents, excepting all persons who shall be on military
duty, and all such persons, with their military baggage,
shall pass and repass said Bridge, free of toll. For each
person and horse six Cents. For each horse and cart ten
Cents. For each team drawn by more than one beast,
twelve Cents and five milles. For each horse and chaise,
sulkey or sleigh, twelve Cents and five milles. For each
coach, chariot, phaeton and curricle, twenty five Cents.
For each man and wheelbarrow, four Cents. For each
horse and neat cattle, exclusive of those in teams, or rode

Acts, 1801. — Chapter 74. 383

on, three Cents. For sheep per dozen, three Cents, and

for each swine one Cent, and to each team one person,

and no more, shall be allowed as a driver to pass free from

toll ; and the time when the tollgatherer shall not attend

his duty, the gate or gates shall be left open. And the

said toll shall commence on the day of the opening of the

said Bridge for passengers ; and shall continue for, and 7o°yeta°r8C!ontinue

during the term of seventy years, at the end of which

time the said Bridge shall be delivered up in good repair,

to, and for the use of this Government. Provided that Estimate of

, . . . T1 . . , „. . expenses and

at the time ot opening said Bridge, the said Corporation receipts to be
shall cause a true and just account of the expences thereof,
and at the end of every three years thereafterwards, a
just and true account of their receipts and disbursements
to be returned into the office of the Secretary of this Com-
monwealth, and that alter forty years from the opening
said Bridge, the General Court may regulate the rates of
toll receivable at the said Gate.

Sec. 4th. And be it further enacted, That the said a road from

. J ' Quincy meet-

proprietors be and hereby are authorized to lay out and mg house

authorized

make a road from the meeting house in Quincy, not less
than three nor more than four rods wide leading to said
bridge, and in the direction mentioned in the petition of
the said Benjamin Beale and others, or in such other direc-
tion as the Justices of the General Sessions of the peace
for the County of Norfolk, may, upon application from
said proprietors, authorize. And the said proprietors
shall be holden to pay all damages which shall arise to
any person by taking his land for such road, where it can-
not be obtained by voluntary agreement, to be estimated
by a Committee to be appointed by the said Court of
General Sessions of the Peace in said County, saving to
either party the right of trial by Jury, according to the
law which makes provision for the recovery of damages,
happenning by laying out public highways.

Sec. 5th. And be it further enacted, That the said Je^""™
Bridge shall be well built, at least thirty feet wide, and !>u.i'diDg.1'he
ot good and suitable materials, <fc on the easterly side of materials, &c.
the channel a part of the bridge shall be high enough for
a Gondola loaded with hay to pass at high tide, and shall
have, at a suitable place, a good Draw or passage way
thirty feet wide, which shall be constantly attended, and
at all times be opened by the Proprietors of the said
Bridge, when required, through which Vessels may pass

384

Acts, 1801. — Chapter 74.

A Sign-board
of the toll to
be erected.

Right to regu-
late the passing
of vessels re-
served.

Penalty for
unreasonably
delaying ves-
sels.

both by day and by night, without toll, with a well con-
structed substantial pier fifty feet long, and forty feet
wide on the east side ; and a sufficient pier on the west
side, for the free use of all Vessels, well covered with
plank or timber on the top, suitable for such a bridge and
piers, with sufficient rails outside, planked three feet high
on each side, and on one side an inside railing five feet
distant from the outside railing, for the safety of passen-
gers ; and the same shall be kept in good, safe and passa-
ble repair for the term aforesaid, and at the end of the
said term, the said Bridge shall be left in like repair.
And it shall be lawful for the Proprietors of said Bridge
to make the leaves of said Draw sixteen feet long, instead
of thirty feet, the width of said Bridge.

Sec. 6th. And be it further enacted, That the said
Proprietors shall, at the several places where the toll shall
be received, erect and constantly expose to open view a
sign or board, with the rates of toll of all tollable articles
fairly and legibly written thereon in large or capital let-
ters, and keep twenty Lamps properly placed on said
Bridge, which shall be constantly supplied with oil, and
kept burning from night fall untill twelve of the Clock,
and those at the Draw, during the whole night. And
whereas the provisions contained in this Act, for a Draw
& piers, as appendages to the said Bridge, are intended
to secure a free & unembarrassed navigation for vessels
having occasion to pass the same.

Sec. 7th. Be it therefore farther enacted, That from
and after two years from the first opening, and receiving
toll at said bridge, the Legislature upon representation
made, may from time to time make such further addi-
tional provisions and regulations relating to the Draw,
and passing of Vessels, as upon actual experience will be
found necessary.

Sec. 8th. And be it further enacted, That in case the
Proprietors of the said Bridge, or any tollgatherer, or
officer by them appointed, shall neglect or refuse to open
the Draw, or unnecessarily detain any vessel about to
pass the same, the said Corporation shall forfeit and pay
for every such refusal, neglect or unreasonable detention,
a sum not exceeding fifty Dollars nor less than twenty
Dollars, to be recovered by the owner or owners of such
vessels, and to their use in any Court proper to try the
same, by special action on the case.

Acts, 1801. — Chapter 75. 385

Sec. 9th. And be it further enacted, That if the said Time of buna-

/• /» i ln8 limited.

proprietors shall neglect or refuse for the space of five
years after the passing of this Act, to build the said
Bridge, then this act shall be void and of no effect.

Approved March 11, 1802.

1801. — Chapter 75.

[January Session, ch. 61.]

AN ACT TO ALTER THE NAMES OF CERTAIN PERSONS THEREIN
MENTIONED.

Be it enacted by the Senate, and House of Representa-
tives, in General Court assembled, and by the authority
of the same, That from and after the passing of this act,
Humphry Stanwood of Newbury port in the County of
Essex, and Commonwealth aforesaid, cooper, shall be
allowed to take the name of Humphry Woodbury ; —
And that Judith Stanwood, and Agnes Stanwood, the
said Humphry's daughters, shall also be allowed to take
the surname of Woodbury ; — That Robert Hallowell, the
younger, of Boston, in the County of Suffolk, Gentleman,
shall be allowed to take the name of Robert Hallowell
Gardiner ; — That Thomas Denny, the second, of Leices-
ter, in the County of Worcester, son of Samuel Denny, of
said Leicester, shall be allowed to take the name of
Nathaniel P. Denny ; — That Levi H. Hardy, of Worces-
ter, in the County of Worcester, shall be allowed to take
the name of Samuel Hardy; — That John Benson, of
Boston, in the County of Suffolk, Merchant, son of Joseph
Benson, of Scituate in the County of Plymouth, shall be
allowed to take the name of John Henry Benson ; — That
Josiah Vose, of Boston, son of Joseph Vose, of Milton,
in the County of Norfolk, Esquire, shall be allowed to
take the name of [of] Josiah Howe Vose. — That Nathaniel
Thayer, of Boston, in the County of Suffolk, and son of
Ebenezer Thayer, Esqr. of Braintree, in the County of
Norfolk, shall be allowed to take the name of Nathaniel
Frederick Thayer; — And, That Samuel Curwen Ward,
junr. a minor, son of Samuel Curwen Ward, of Salem, in
the County of Essex, Gentleman, shall be allowed to take
the name of [of] Samuel Curwen. And said persons shall
in future be respectively known and called by the names,
which they are respectively allowed to take as aforesaid,
and the same shall be considered as their only proper
Names to all intents and purposes.

Approved March 11, 1802.

386

Acts, 1801. — Chapter 76.

17 Districts
formed.

1801. — Chapter 76.

[January Session, ch. 52.]

AN ACT DIVIDING THE COMMONWEALTH INTO SEVENTEEN
DISTRICTS, FOR THE CHOICE OF REPRESENTATIVES IN THE
CONGRESS OF THE UNITED STATES, AND PRESCRIBING THE
MODE OF ELECTION.

Sec 1st. Be it enacted by the Senate and House of
Representatives, in General Court assembled, <& by the
authority of the same, That this Commonwealth be, and it
hereby is divided into seventeen Districts as in this act
defined and described, for the purpose of choosing Repre-
sentatives, to represent this Commonwealth in the Con-
gress of the United States, after the present Congress ;
in each of which Districts one Representative, being an
inhabitant of the District for which he shall be elected,
shall be chosen in the manner hereinafter prescribed.

Sec. 2d. Be it further enacted, That the said seven-
teen Districts shall be formed & limited in manner follow-
ing, viz.
Suffolk District. The Towns in the County of Suffolk, together with the
towns of Charlestown, Medford & Maiden, in the County of
Middlesex, shall constitute one District, to be called Suf-
folk District.

The Towns of Lynn, Lynnfield, Salem, Marblehead,
Danvers, Beverly, Manchester, Wenham and Gloucester,
in the County of Essex, shall constitute one District, to
be called Essex South District.

The Towns and Districts in the .County of Essex, not
included in Essex South District, shall, together with the
town of Reading, in the County of Middlesex, constitute
one District, to be called Essex North District.

The Towns & Districts in the County of Middlesex,
excepting the town of Reading, and excepting also those
towns which are in this act included in Suffolk and Nor-
folk Districts, respectively, shall constitute one District,
to be called Middlesex District.

The Towns of Ware, Belchertown, Granby, South Had-
ley, Hadley, Northampton, West Hampton, Norwich,
Worthington and Middlefield, in the County of Hamp-
shire, together with the Towns and Districts in the same
County lying southerly of the abovenamed towns, shall
constitute one District, to be called Hampshire South
District.

Essex S. Dis
trict.

Essex N. Dis-
trict.

Middlesex
District.

Hampshire S
District.

Acts, 1801. — Chapter 76. 387

The Towns and Districts in the County of Hampshire, Hampshire n.
not included in the last named District, shall constitute
one District, to be called Hampshire North District.

The Towns and Districts in the County of Plymouth Plymouth
shall constitute one District to be called Plymouth District.

The Towns and Districts in the Countys of Barnstable, Barnstable
Dukes County and Nantucket, together with the town of l8tnct"
New Bedford, in the County of Bristol, shall constitute
one District, to be called Barnstable District.

The Towns and Districts in the County of Bristol, ex- Bristol District,
cepting the town of New Bedford, shall constitute one
District, to be called Bristol District.

The Towns of New Braintree, Spencer, Leicester, Worcester s.
Worcester, Shrewsbury, Northborough and Southborough, Dl8trict-
in the County of Worcester, together with the Towns and
Districts in the same County, lying southerly of the above
named towns, shall constitute one District, to be called
Worcester South District.

The Towns and Districts in the County of Worcester, Worcester n.
not included in the last named District, shall constitute
one District, to be called Worcester North District.

The Towns, Districts & plantations in the County of g?8rtkr-£tire
Berkshire, shall constitute one District, to be called Berk-
shire District.

The Towns and Districts in the County of Norfolk, to- Norfolk
gether with the towns of Newton, Natick, Sherburne,
Hopkinton and Holliston, in the County of Middlesex,
shall constitute one District, to be called Norfolk District.

The Towns, Districts and Plantations in the County of T°rk District.
York shall constitute one District, to be called York Dis-
trict.

The Towns, Districts and Plantations in the County of £"8m,!?®trIand
Cumberland, shall constitute one District, to be called
Cumberland District.

The Towns, Districts & Plantations in the County of Lincoln
Lincoln, together with the towns of Islesborouoh, Vinal-
haven, Prospect, Northport, Ducktrap, Belfast and Deer
Isle, in the County of Hancock, shall constitute one Dis-
trict, to be called Lincoln District.

The Towns, Districts and Plantations in the Counties of Kennebeck
Kennebeck, Hancock & Washington, excepting those
towns in the County of Hancock, included in Lincoln Dis-
trict, shall constitute one District, to be called Kennebeck
District.

388

Acts, 1801. — Chapter 76.

Election to be
held In Nov.
biennially.

Time for re-
turning votes.

Gov. to certify
the choice.

Case of no
choice.

Sec. 3d. Be it further enacted, That the Selectmen
of the several Towns and Districts within this Common-
wealth, shall, in manner as the law directs for calling
town-meetings, cause the inhabitants of their respective
towns and Districts, duly qualified to vote for Represent-
atives in the General Court of this Commonwealth, to
assemble on the first Monday of November, biennially,
beginning in November next, to give in their votes for
their respective Representative, to the Selectmen who
shall preside at said meetings ; and the Selectmen, or the
major part of them, shall, in open town-meeting, sort and
count the votes, and shall form a list of the names of the
persons voted for, with the number of votes for each per-
son written in words at length against his name ; and the
Town Clerk shall make a record thereof; and the Select-
men shall, in such meeting, make public declaration of the
persons voted for, and of the number of votes they respec-
tively have, and shall, in open town meeting, seal up the
said list, certified by the Selectmen, and express upon the
outside of the said list the District in which the votes
were given ; and shall transmit the same within fourteen
days next after such meeting, to the Secretary of the
Commonwealth or to the Sheriff of the County in which
such town or District lies, who shall transmit the same to
the Secretary of the Commonwealth within forty days
next after the time of holding such meeting ; and the Sec-
retary shall lay the same before the Governor and Council,
and in case of an election for any District by a majority
of the votes returned from such District, the Governor
shall forthwith transmit to the person so chosen a Certifi-
cate of such choice, signed by the Governor, and coun-
tersigned by the Secretary. And the Selectmen of such
towns and Districts as lie within any County in which
there may be no Sheriff, shall return such lists to the Sec-
retary's Office within the same term of time as Sheriffs are
required to do.

Sec. 4th. Be it further enacted, That in case no per-
son shall be chosen by a majority of all the votes returned
from any District, the Governor shall cause Precepts to
issue to the Selectmen of the several Towns & Districts
within such District, directing and requiring such Select-
men, to cause the inhabitants of their respective Towns
and Districts, qualified as aforesaid, to assemble as afore-
said, on a day in such precept to be appointed, to give in

Acts, 1801. — Chapter 76. 389

their votes for a Representative in Congress as aforesaid ;
which precept shall be accompanied with a list of persons
voted for in such District, shewing the number of votes
for each person, according to the first return ; and the
same proceedings shall be had thereon in all respects, as
before directed in this Act ; and the Selectmen shall make
return to the Secretary of the Commonwealth, or to the
Sheriff, in manner as aforesaid, within fourteen days next
after the time of holding such meetings ; and the Sheriff
shall make return thereof into the Secretary's office, on or
before such day as the Governor shall appoint in such
Precept ; and the Selectmen of such Towns and Districts
as lie within any County in which there may be no Sheriff,
shall return such lists to the Secretary's Office within the
same term of time, as Sheriffs are required to do. And be88\,°bnliuedt0
the Secretary shall lay the lists, so returned to his Office, (?0^°cviland
before the Governor and Council ; and the Governor shall
cause the person or persons who shall be chosen as afore-
said, to be served with a Certificate thereof, as aforesaid ;
and like proceedings shall be again had, in case any Dis-
trict shall fail of completing the choice of its. Representa-
tive ; and the Governor shall issue his Precept accordingly,
to the Selectmen of those Towns and Districts of such
Districts, wherein the choice of Representatives shall not
have been made ; and like proceedings shall be had as
often as occasion may require.

Sec. 5. Be it further Enacted, That whenever any case of
vacancies shall happen in the representation of this Com- VI
monwealth in the Congress of the United States, the Gov-
ernor shall cause Precepts to issue to the Selectmen of the
several Towns and Districts within any District in which
such vacancy may happen, directing and requiring them
to cause the Inhabitants of their respective Towns & Dis-
tricts to assemble on a day in such precept to be appointed,
to give in their Votes for a Representative to supply such
vacancy; and like proceedings shall, from time to time,
in all respects be had as are herein before provided.

Sec. 6. Be it further Enacted, That it shall be the sheriff, to die-
duty of the Sheriffs of the several Counties of the Com- cepts; and
monwealth, on receiving copies of this Act, or any Pre-
cept from the Governor for the purpose herein mentioned,
to transmit the same seasonably to the Selectmen of the
several Towns & Districts, and to the Assessors of the
several Districts & Plantations where there may be no

390

Acts, 1801. — Chapter 76.

Fee for return-
ing votes.

Penalty for
a Sheriff's or
Selectman's
neglecting his
duty herein.

Assessors of
districts em-
powered, &c.

Selectmen within their respective Counties, to whom such
Copies or Precepts may be respectively directed. And
the several Sheriffs shall, for the said service, be entitled
to receive out of the Treasury of this Commonwealth fifty
cents for each of the Copies & of the Precepts so by them
distributed to the Selectmen of the Towns & Districts &
to the Assessors of the Districts & Plantations in their
Counties, where there may be no Selectmen ; Provided
however, That no Sheriff, who shall neglect seasonably to
transmit all and every of the Copies & precepts, by him
received, in manner aforesaid, shall be entitled to any
compensation for distributing any of such Copies or pre-
cepts. — And for returning the votes as aforesaid each
Sheriff shall be entitled to receive twenty Cents per mile,
Computing from the place of abode of each Sheriff to the
Secretary's Office. And in either case, the Sheriffs shall
present their Accounts to the Committee on Accounts for
examination & Allowance.

Sec. 7. Be it further Unacted, That any Sheriff, who
shall neglect to perform the duties which by this Act, he
is directed to perform, shall; for each neglect, forfeit &
pay the sum of Two thousand dollars, to be recovered
by an Action of Debt in the name & to the Use of the
Commonwealth. — And for any such neglect of any Sheriff
it shall be the duty of the Attorney General and of the
Solicitor General to prosecute, within one year thereafter.
— And if any Selectmen shall neglect to perform any of
the duties which by this Act they are required to perform,
each selectman, so neglecting, shall forfeit and pay a sum
not exceeding two hundred dollars, nor less than thirty
dollars, to be recovered by an Action of Debt or On the
Case, one moiety thereof to the prosecutor & the other
moiety thereof to the use of the Commonwealth.

Sec. 8. Be it further Enacted, That the Assessors of
those Districts & plantations where there may be no Se-
lectmen, shall have the same powers and perform the same
duties, for the purposes of this Act, as are herein given
to or required of Selectmen, and shall incur like penalties
in case of neglect.

Sec. 9. Be it further Enacted, That this Act shall be
construed to extend to those plantations only which shall
choose Assessors to assess the public taxes which shall be
set to such Plantations in the tax-Act next preceding the
several elections.

Acts, 1801. — Chapter 77. 391

Sec. 10. And be it further Unacted, That this Act, JjK°n of
until a new apportionment of Representatives among the
several States shall be made ; And for the purpose of sup-
plying any vacancy or vacancies which may happen in the
Representation of this Commonwealth in the Congress of
the United States which shall make such apportionment,
shall continue & be in full force.

Approved March 10, 1802.

1801. — Chapter 77.

[January Session, ch. 53.]

AN ACT TO ESTABLISH THE FOURTEENTH MASSACHUSETTS
TURNPIKE CORPORATION.

Whereas the highway leading from Greenfield, through Pr<>ambie.
Shelburne, Buckland and Charlemont, to the East end of
the Second Massachusetts Turnpike Corporation is circui-
tous and rocky ; and the expence of Straitening and re-
pairing the same through the said towns, so as to be
conveniently travelled with horses and Carriages, is much
greater than can be reasonably required of the said towns.

Section 1. Be it enacted by the Senate <& House of
Representatives, in General Court assembled, and by the
authority of the same, that Jerom Ripley, Calvin Munn, persons
Caleb Clap, Jonathan Leavitt, Hart Leavitt, Beriah Wil- incorP°rated-
lard, Daniel Wells, Samuel Wells, Solomon Smead, Da-
vid Wells, and William Wells, together with such others
as may associate with them, & their successors, be, and
they are hereby constituted a Corporation by the name of
the Fourteenth Massachusetts Turnpike Corporation, and
shall by that name sue and be sued, and shall have a com-
mon Seal, and enjoy all the powers & privileges, which
are by Law incident to Corporations, for the purpose of
laying out & making a Turnpike road from the west end
of the fifth Turnpike road beginning at the dwelling course of the
House of Calvin Munn in Greenfield, and Continue West-
ward thro' Greenfield Street, to the West end of Sam-
uel Wells' barn, from thence South- Westerly to Green
river, (over which there must be a bridge) then in a di-
rect line, to the South side of the Dwelling house of Sol-
omon Smead Esqr., from thence by the most convenient
rout, near to the dwelling house of Colonel David Wells
in Shelburne, from thence in the most convenient and
direct line near to Deacon Boyd's house in Shelburne,

392

Acts, 1801. — Chapter 77.

Two gates
allowed.

Toll estab-
lished.

thence Westward in the most direct line to a ches[£]nut
tree, a few rods West of William Kemp's dwelling house,
and from thence in the most direct line, to the most con-
venient bridge place on Deerfield River, being however at
or below the falls so called, thence by a Bridge over said
River into the town of Buckland, thence Westerly, near
said river as is convenient, opposite to the dwelling house
of Captain Ebenezer Montague in Charlemont, thence
across said Deerfield River, to the north side of the same,
where there must be a bridge, then on the North side of
the said River, and as near said River as is convenient,
westerly to the dwelling house of Jared Hawks, from
thence in the most convenient rout to the East end of the
aforesaid second Turnpike road, at the West line of
the County of Hampshire, and for making and keeping
the same in repair, which road shall not be less than four
rods wide, and the path to be travelled in, not less than
eighteen feet wide in any place ; and that when the said
Turnpike Road shall be sufficiently made and approved of
by a Committee appointed by the Court of General Ses-
sions of the Peace for the County of Hampshire, for that
purpose, such Committee not having any shares or Inter-
est in said Turnpike, then the said Turnpike Corporation
shall be authorised to erect two Turnpike gates on the
said road, at such places, as the said Committee of the
said Court of Sessions, and the said Corporation shall
judge necessary & convenient fox collecting the toll, and
shall be entitled to receive of each Traveller or passenger,
at each of the said Gates, the following rates of toll, vizt.
For each Coach, Phaeton, chariot, or other four wheel
Carriage, drawn by two horses, twenty five cents, and if
drawn by more than two Horses, an additional sum of
four Cents for each horse; for every Cart or Waggon,
drawn by two horses or Oxen twelve & half Cents, and
if drawn by more than two Oxen or horses, an additional
sum of three Cents for each Ox or horse, for every curri-
cle, sixteen cents ; for every Chaise, Chair, or other Car-
riage drawn by one horse, twelve Cents & an half; for
every Man and Horse five Cents, for every Sled or sleigh,
drawn by two Oxen or horses, nine cents, and if drawn
by more than two Oxen or horses, an additional sum of
three cents, for each Ox or horse ; for every Sled or
Sleigh drawn by one horse eight Cents ; for all horses,
mules, Oxen, or neat Cattle, led or driven, besides those

Acts, 1801. — Chapter 77. 393

in Teams and Carriages one Cent each ; for all Sheep or
Swine, at the rate of three cents for one dozen: Pro- Proviso.
vided that said Corporation may if they see Cause, Com-
mute the rate of toll, with any person or persons, by
taking of him or them, a certain sum annually, to be mu-
tually agreed on, in lieu of the toll aforesaid. Provided
however, that no gate shall be Erected on the road now
travelled, between the house of William Kemp in Shel-
burne, and the North River so called.

Section 2. And be it further enacted, that the said anow°edato0n
Corporation, may purchase and hold land, over which they ^oidiand.
may make said road ; and the Justices of the Court of
General Sessions of the Peace, in the County of Hamp-
shire, are hereby authorised, on application of said Cor-
poration, to lay out said road or any part thereof, within
the County of Hampshire, as with the consent of said
Corporation they shall think proper. And the said Cor-
poration shall be liable to pay all damages that shall arise
to any person, by taking his land for such road, where the
same cannot be obtained by Voluntary agreement, to be
estimated by a Committee appointed by the Court of
General Sessions of the Peace, of the County of Hamp-
shire, saving to either party the right of trial by Jury,
according to the Law, which makes provision for the
recovery of damages arising from the laying out of High-
ways.

Section 3. And be it further enacted, that if said J^eMonaWy
Corporation, or their Toll-gatherer, or others in their delaying pas-
employ, shall unreasonably delay or hinder any traveller
or passenger, at either of said gates, or shall demand or
receive more toll, than is by this Act established, the
Corporation shall forfeit and pay a sum not exceeding ten
dollars, nor less than two dollars, to be recovered before
any Justice of the Peace of the County, where the offence
shall be committed, by any person injured, delayed, or
defrauded, in a Special Action of the Case : — the writ in
which shall be served on said Corporation, by leaving a
Copy of the same with the Treasurer, or with some indi-
vidual member of said Corporation, living in the County
where the Action may be brought, or by reading the same
to the said Treasurer or individual member, at least seven
days before the trial. And the Treasurer of said Corpo-
ration, or individual member, shall be allowed to defend
the same suit in behalf of the said Corporation. And the

394

Acts, 1801. — Chapter 77.

Penalty for
injuring the
road or gates.

Penalty for
attempting to
evade the toll.

Proviso.

Shares deemed
personal estate
— mode of
transfer and
attachment.

said Corporation shall be liable to pay all damages that
shall happen to any person from whom the toll is de-
mandable, for any damage which shall Arise from defect
of Bridges, or want of repairs in said way, and shall also
be liable to presentment by the Grand Jury, for not keep-
ing the same in good repair.

Section 4. And be it further Enacted, that if any
person shall cut, break down, or otherwise injure or
destroy, either of the said Turnpike gates, or shall dig
up or carry away any earth from said road, or in any
manner damage the same, or shall forcibly pass, or at-
tempt to pass the said gates by force, without having first
paid the legal toll at such gate, such person shall forfeit
and pay a fine, not exceeding fifty dollars, nor less than
ten Dollars, to be recovered by the Treasurer of said
Corporation to their use, in an Action of trespass, or on
the Case : And if any person with his team, Cattle, or
horse, turn out of said road, to pass any of the Turnpike
gates & again enter on the said Road, with intent to evade
the toll, due by virtue of this Act, such person shall for-
feit and pay three times so much as the legal toll would
have been, to be recovered by the Treasurer of the said
Corporation, to the use of the same, in an Action of debt
or on the Case : Provided, that nothing in this Act shall
extend, to entitle the said Corporation to demand and re-
ceive toll of any person, who shall be passing with his
horse or Carriage, to or from Public Worship, or with his
horse, team, or Cattle, to or from his Common labour on
his farm, or to or from any grist Mill, or on the common
& ordinary business of family concerns, or from any per-
son or persons, passing on Military duty.

Section 5. And be it further enacted, that the shares
in the same Turnpike road, shall be taken, deemed, and
considered to be personal estate, to all intents & pur-
poses, & shall & may be transferable : And the mode of
transferring said Shares shall be by deed, acknowledged
before any Justice of the Peace, & recorded by the Clerk
of the said Corporation, in a book for that purpose to
be provided and kept. And when any shares shall be
Attached on mesne process, or taken in Execution, an
Attested copy of such Writ of Attachment or Execution,
shall at the time of the Attachment or taking in Execution,
be left with the Clerk of the Corporation, otherwise the
Attachment or taking in Execution shall be void ; and

Acts, 1801. — Chapter 77. 395

such Shares may be sold on Execution in the same man-
ner, as is or may by law be provided for making sale of
personal property on Execution ; the Officer making the
Sale, or the judgment Creditor, leaving a Copy of the
Execution and the Officers return on the same with
the Clerk of said Corporation, within fourteen days after
such Sale, and paying for the recording of the same, shall
be deemed and Considered, as a sufficient transfer of such
share or shares in the said Turnpike road.

Section 6. And be it further Unacted, that the first First meeting,

J and the busi-

meeting of the said Corporation shall be held at the House neas to be
of Calvin Munn, inholder in Greenfield, on the fifteenth
day of April next, at ten of the Clock in the forenoon,
for the purpose of Choosing a Clerk, who shall be sworn
to the faithful discharge of the duties of his said Office,
and such other Officers as may then and there be agreed
upon by the said Corporation. And said Corporation
may then establish such rules and regulations, as shall be
judged necessary, for the better management of its affairs :
Provided such regulations shall not be repugnant to the
Constitution and Laws of this Commonwealth ; and the
said Corporation may at the same time agree upon a
method for calling future meetings.

Section 7. And be it further enacted, that the said receipu'and
Corporation shall, within six months after the said road is gXwtedtobe
completed, lodge in the Secretary's office, an Account of
the expences thereof, and that the said Corporation shall
annually exhibit to the Governor & Council, a true ac-
count of the income, or dividend, arising from the said
toll, with their necessary annual disbursements on said
road, and that the books of the said Corporation shall at
all times, be subject to the inspection of a Committee to
be appointed by the General Court, or to the inspection
of the Governor & Council, when called for.

Section 8. And be it further Enacted, that whenever M^fnof,PirlSl"a
any proprietor shall neglect or refuse to pay any tax or delinquent
assessment duly Voted and agreed upon by the Corpora- propr
tion to their Treasurer, within sixty days after the time
set for the payment thereof, the Treasurer of the said
Corporation is hereby authorized to sell at public Vendue,
the share or shares of such delinquent proprietor, one or
more, as shall be sufficient to defray said Taxes, and nec-
essary incidental charges, after duly notifying in the news
paper printed in Greenfield, or in case there shall be no

396

Acts, 1801. — Chapter 78.

A sign-board
to be erected.

Corporation
may be dis-
solved.

such paper printed there at the time, then in any other
newspaper printed in the County of Hampshire, the sum
due on any such shares, & the time and place of sale, at
least thirty days previous to the time of sale, and such
sale shall be a sufficient transfer of the share or Shares so
sold, to the person purchasing the same ; and on produc-
ing a certificate of such sale, from the Treasurer to the
Clerk of said Corporation, the name of such purchaser,
with the number of Shares so sold, shall be by the Clerk,
entered on the books of the said Corporation, and such
person shall be considered, to all intents and purposes,
the proprietor thereof, and the overplus, if any there be,
shall be paid on demand by the Treasurer to the person,
whose Shares were then sold.

Section 9. And be it further Enacted, that the said
Corporation, shall at all places, where the said toll shall
be collected, erect and keep constantly exposed to view,
a sign or board, with the rates of Toll, of all the tollable
articles, fairly & legibly written thereon, in large or
Capital Characters.

Section 10. And belt further Enacted, that the Gen-
eral Court may dissolve said Corporation whenever it
shall appear to their satisfaction that the income arising
from the said toll, shall have fully compensated the said
Corporation, for all monies they may have expended, in
purchasing, repairing, and taking care of said road, to-
gether with an Interest thereon at the rate of twelve per
Centum, by the year, and thereupon the property of the
said road, shall be vested in this Commonwealth, & be at
their disposal : Provided, that if the said Corporation
shall neglect to Complete the said Turnpike road, for the
Space of four years, from the passing of this Act, the
same shall be void, and of no Effect.

Approved March 11, 1802.

1801. — Chapter 78.

[January Session, ch. 54.]

AN ACT TO REGULATE THE INSPECTION OF PORK INTENDED TO
BE EXPORTED FROM THIS COMMONWEALTH.

Sec. 1. Be it enacted by the Senate and House of

Representatives, in General Court assembled, and by the

No pork to be a uthority of the same, That from and and after the first

shipped except f J

as herein pro- day oi April next, no person or persons wnat-soever shall

Acts, 1801. — Chapter 78. 397

ship or export from this Commonwealth any salted pork,
except in barrels or half barrels, of the quality and dimen-
tions herein after provided, and the contents thereof are
inspected and packed, and unless the casks containing the
same, are branded agreeably to the directions in this Act.
Sec. 2d. Be it further enacted, That from and after
the first day of April next, all pork packed or repacked
in barrels or half barrels, for exportation, shall be sorted
and divided by the Inspector or his Deputy, and denomi-
nated as follows, Bone Midlings, Navy Mess Pork, Cargo
No. 1, Cargo No. 2, and Refuse Pork; and in all cases
the following parts shall be taken out as refuse, viz.
Nose pieces, ears, brains, tails, feet, and lard. Bone Mid- Bone
lings shall consist of middle pieces taken from hogs well
fatted, weighing two hundred and thirty pounds or up-
wards. Navy Mess Pork shall consist of all parts of the NnvyMess
carcase, well fatted, weighing from one hundred and sixty
pounds, to two hundred and thirty pounds, except the
head, fore and hind legs, the shoulder joint, lard and ref-
use parts abovementioned. Cargo No. 1 shall consist of cargo No. i.
all parts of hogs, well fatted, averaging two hundred and
twenty pounds or upwards, and each of which shall weigh
not less than one hundred and eighty pounds, and to have
no more heads, legs, shoulders or other course parts than
belong to one carcase, deducting the lard and refuse as
above. Cargo No. 2, shall consist of all parts of one and cargo No. 2.
an half hog, well fatted, which shall weigh two hundred
pounds, deducting the lard and refuse as above. Cargo
No. 2 also, in half barrels, shall consist of pig pork, all
parts of one carcase, or not, and not to contain the head
or legs of more than one carcase, excluding the lard and
refuse as above. Refuse Pork, shall consist of all other Refuse.
kinds of pork of an unmerchantable, but wholesome qual-
ity. Barrels filled with pork heads or feet, shall be
branded Pork Heads or Feet, as the case may be, and in
all cases where the legs of pork are taken out for bacon,
or for any other purpose, the weight shall not be made
up with heads or shoulders, but with other parts of the
carcase not less valuable than the legs would be, if they
were salted. And each barrell of pork shall be well
salted with seventy pounds of clean coarse Salt, exclusive
of a strong pickle.

Sec. 3d. And be it further enacted, That every barrel g^Jf^J1116
or half barrel, in which pork shall be packed, or repacked contemn.

398

Acts, 1801. — Chapter 78.

How to be
branded.

The fees, &c.
established for
inspecting beef
to extend to in-
specting pork.

Pork not to
be cleared
without a
certificate of
inspection.

for exportation, shall be made of good seasoned white
oak, or white ash staves and heading, free from any de-
fect. Each barrel shall contain two hundred pounds
weight of pork. The barrels shall measure seventeen and
one quarter inches between the chimes, and contain not
less than thirty-one gallons, nor more than thirty one gal-
lons and one half, to be covered three fourths of the length
with good oak, ash, birch or walnut hoops, leaving one
fourth in the centre.

Sec. 4th. And be it further enacted, That all barrels
and half barrels of pork, packed or repacked for exporta-
tion, shall be branded with the first letter of the christian
name, and the surname at length, of the Inspector who
has inspected the same, with the name of the town where
it was inspected, in legible letters, with the addition of
MASS. (for Massachusetts) ; and every barrel and half
barrel of the three first sorts, shall also be branded with
the name of the person for whom the pork was packed,
and each barrel shall be branded on one of the heads,
with the quality of the pork it contains.

Sec. 5. And be it further Enacted, That the Inspector
General and Deputy Inspectors of Beef, appointed or to
be appointed by virtue of the Act, entitled, " An Act to
regulate the Inspection of Beef intended to be exported
from this Commonwealth," — and "an Act in addition
to the same" — And all the rules, Certificates, and regu-
lations, for the Inspection of Beef, fees, fines, & forfeitures,
mentioned in said Acts, and the manner of recovering the
same, shall extend to all barrels and half barrels of Pork,
packed for exportation, agreeably to the directions of this
Act.

Sec. 6. And be it further Enacted, that no Salt Pork
packed or repacked, after the first day of April next, shall
be exported out of this Commonwealth, unless the master
or owner of the Vessel produces to the Collector, or any
other Officer, Authorized by the Laws of the United
States, to clear vessels out, a Certificate from the Inspec-
tor General or his Deputy, that the same has been branded
& inspected according to the directions in this Act, and
each certificate shall express the number of barrels and
half barrels of Pork of each Sort. And the Master or
owner of every Vessel, in which Pork is so exported, on
producing said Certificate, shall take and Subscribe the
following Oath, before the Officer authorized as aforesaid.

Acts, 1801. — Chapter 79. 399

I A. B. of the do swear, that according

to the best of my knowledge and belief, the Certificate
hereto annexed, contains the whole quantity of Salted

Pork, on board the , , Master, and that no

salted Pork is shipped on board said Vessel, for the Ship's
Company, on freight, or on Cargo, but what is inspected
and branded, according to the Law of this Commonwealth.
So help me God.

Sec. 7. And be it further Enacted, that all former Je°™f^BWB
laws, respecting the Inspection of Pork, be, and hereby
are repealed. — Provided nevertheless, That they shall be
considered, as in full force, with regard to all actions and
prosecutions, which may be depending for any penalty or
forfeiture incurred for the breach of the same.

Approved March 11, 1802.

1801. — Chapter 79.

[January Session, ch. 55.]

AN ACT, IN ADDITION TO AN ACT ENTITLED AN ACT TO IN-
CORPORATE CERTAIN PROPRIETORS OF MEADOW LANDS
LYING ON EACH SIDE OF NEPONSET RIVER, IN THE TOWNS
OF DEDHAM, MILTON & CANTON, FOR DRAWING OFF THE
STAGNANT WATERS AND FOR THE BETTER IMPROVEMENT
OF SAID MEADOW LANDS.

Be it Enacted by the Senate and House of Representa-
tives in General Court assembled and by the authority of
the same, That from and after passing this Act, all the Boundaries of
Meadow lands up Stream of a line beginning on Dedham
side from Thorp's Bridge to the upland as the road now
runs ; thence on Canton side on the river bank below said
bridge, until it passes by Francis Dean's Meadow, and a
small piece of Meadow belonging to the heirs of Abner
Ellis deceased until it comes to a ditch between land be-
longing to Isaac Gould and Nathaniel Johnson on One
Side ; and the heirs of Nathaniel Fisher deceased and
Deacon John Holmes and Benjamin Lewis on the other
side, until it comes to Francis Deans Swamp at the
Southerly corner which is on the Canton side of the said
Meadows, be and hereby are exempted from the operation
of said Act of incorporation. Provided nevertheless, that Proviso.
nothing in this Act shall be construed to discharge [d] any
of the proprietors of the lands exempted in this Act, from
being holden to pay their proportion of all charges that
have arisen by the operation of the Act to which this is an
Addition. Approved March 11, 1802.

400

Acts, 1801. — Chapter 80.

Preamble.

Contracts
authorized.

Surveyors
to collect
assessments.

1801. — Chapter 80.

[January Session, ch. 56.]

AN ACT IN ADDITION TO AN ACT, ENABLING PROPRIETORS OF
PRIVATE WAYS & BRIDGES TO REPAIR THEM IN EQUAL
PROPORTIONS.

WJiereas inconveniences have arisen because proprietors
aforesaid by said Act, to which this is an addition, are
not empowered to raise money and contract with any person
or persons to make and keep in repair private ways and
Bridges.

Be it enacted by the Senate and House of Represen-
tatives in General Court assembled and by the Authority
of the same, that from and after the passing of this Act, it
shall and may be lawfull for said proprietors and the right-
ful occupants of private ways and Bridges, at any meeting
legally assembled for that purpose to authorise their Sur-
veyor or any other person or persons to contract by the
year, or for a longer or a shorter time, for the making &
keeping in repair any private way or ways, bridge or
bridges ; and at any such meeting may vote to raise any
sum or sums of Money they may deem necessary for car-
rying such contracts into Effect ; and may choose assess-
ors who shall assess all sums of money so raised on each
proprietor's or Occupant's proportion therein, and shall
also deliver true lists of said assessments to the said Sur-
veyor with warrants of distress in form as to substance as
is prescribed by law for collecting town and district taxes,
and every such Surveyor is hereby authorised & empow-
ered to levy & collect all taxes or assessments for the pur-
poses aforesaid in the same way and manner as Surveyors
of Highways are impowered to Collect town Highway
taxes, in and by a law "Authorising towns to empower
Surveyors or any other persons to enter into contract for
the purpose of making and repairing town ways." And
if any such Surveyor shall neglect or refuse to pay over
the monies so collected to such person or persons as he in
his Warrant of distress, shall be required, when demanded ;
he shall be liable to the same penalties, as in and by the
said law is provided in case of Surveyors failing to pay
over monies to the town Treasurer in the like Case.

Approved March 11, 1802.

Acts, 1801. — Chapter 81. 401

1801. — Chapter 81.

[January Session, ch. 57.]

AN ACT FOR PRESERVING AND AUTHENTICATING THE RECORDS
OF JUSTICES IN CERTAIN CASES.

Whereas law suits may arise, and great injustice accrue, Preamble.
in consequence of judgments obtained under the several acts
of this Commonwealth "for rendering processes in law less
expensive," in cases where the Justices before whom such
judgments may have been obtained, have neglected to com-
plete their records, and have deceased or moved out of this
Commonwealth, unless some adequate remedy be provided.

Sec. 1st. Be it enacted by the Senate and House of
Representatives in General Court assembled, and by the
authority of the same, that in all cases where real estate The evidence
shall have. been set off in satisfaction of any execution conclusive0
which shall have been issued by any Justice of the Peace, b^no^com-1106
under either of the Acts entitled, " an Act for rendering ^0erd.hi8
processes in law less expensive," if such Justice shall have
deceased or removed out of the Commonwealth, without
having completed his record, and the title to such real
estate, founded on the extent of such execution, shall be
drawn in question in any action, the execution creditor
or creditors, or the person or persons claiming such title
under him or them, shall be admitted to shew in evidence
of his title, a copy of the original writ, with the Officer's
return thereon ; and a copy of the execution with the
Officer's return thereon, registered according to law, which
said copies duly authenticated by the proper certifying
Officers thereof, shall be sufficient evidence of the Judg-
ment on which such execution issued as aforesaid.

Sec. 2d. And be it further enacted by the authority
aforesaid, That the Justices of the Peace within this Com- Justices to
monwealth, who have rendered judgments under either of &ecUundera
the aforesaid Acts, shall within twelve months after the Penalty-
passing of this Act, return their respective records thereof,
together with the original processes, and all the papers
relating thereto into the Offices of the Clerks of the Courts
of Common Pleas, in the several Counties wherein such
judgments were respectively rendered ; and the said Clerks
shall be the proper persons to keep and certify the same ;
and to sign writs of execution on such judgments returned
as aforesaid, in any case where the same may be issuable

402 Acts, 1801. — Chapter 82.

by law. And if any Justice of the Peace shall refuse or
neglect to return his records, processes and papers as
aforesaid, he shall forfeit and pay the sum of twenty Dol-
lars, to be recovered to the use of the County, by the
Clerk of the Court of Common Pleas in said County,
whose duty it shall be to sue for the same in any Court
proper for the trial thereof. Approved March 11, 1802.

1801. — Chapter 82.*

[January Session.]

AN ACT TO APPORTION & ASSESS A TAX OF ONE HUNDRED
THIRTY THREE THOUSAND, THREE HUNDRED AND THIRTY
ONE DOLLARS & EIGHTY FIVE CENTS, & PROVIDING FOR
THE REIMBURSEMENT OF TWENTY ONE THOUSAND NINE
HUNDRED & FIFTY TWO DOLLARS PAID OUT OF THE PUB-
LIC TREASURY TO THE MEMBERS OF THE HOUSE OF REP-
RESENTATIVES FOR THEIR ATTENDANCE, THE TWO LAST
SESSIONS OF THE GENERAL COURT.

Sectn. 1st. Be it enacted by the Senate & House of
Representatives in General Court Assembled & by the
Authority of the same, That each Town, District, Planta-
tion & other place hereinafter named, within this Com-
monwealth, shall be assessed & pay the several sums with
which they stand respectively charged in the following
Schedule vizt.

* Not printed in session pamphlet.

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422 Acts, 1801. — Chapter 82.

Sec. 2. And be it further enacted, That the Treasurer
of this Commonwealth do forthwith send his Warrants,
directed to the Selectmen or Assessors of each town,
district, plantation, or other place within this Common-
wealth, the inhabitants whereof are taxed as aforesaid,
requiring such Selectmen or Assessors respectively, to
assess in Dollars & Cents the sum hereby set upon such
town, district, plantation, or other place, in manner fol-
lowing ; that is to say ; all the male polls above the age
of sixteen years, within their respective towns, districts,
plantations or other places adjoining them, belonging to
no other town district or plantation, (provided such places
were returned or included in the last valuation) all the
polls aforesaid, being minors, apprentices or servants,
under the immediate government of a parent master or
mistress living in the same town, district or plantation,
to be taxed to such parent master or mistress respectively,
otherwise to be personally taxed at twenty seven Cents
each, and the remainder of such sum so set to each town,
district, plantation or other place respectively, as afore-
said, (after deducting the sums assessed on the polls as
aforesaid) to assess on the inhabitants of such town, dis-
trict, plantation, or other place as aforesaid, according to
the just value of the real estate possessed by each inhabi-
tant of such town district, plantation or other place re-
spectively on the first day of May next, in his, her, or
their own right, or in the right of others, lying within
the said town, district, plantation or other place, im-
proved or not improved, excepting pews in houses of
public worship, or upon the owners of real estate in such
town, district or plantation, or other place, whether such
owners reside within the same or not upon the said first
day of May, according to the just value of such real estate,
and on the nonresident proprietors of real estate lying
within such town, district plantation or other place, in
their own right, or in the right of others, improved or not
improved, saving all agreements between landlords and
tenants ; & where no agreement is, the landlord to reim-
burse such tenant one half of such tax ; and also on the
inhabitants of such town, district, plantation or other
place, and all other persons possessing estates within the
same, according to the proportion of the amount of the
just value of their respective personal estates, including
monies at interest more than they pay interest for, al-

Acts, 1801. — Chapter 82. 423

though the same be secured by an absolute conveyance of
real estate, if a bond of defeasance or promise of convey-
ance has been given ; and all other debts due, more than
they are indebted for, money of all kinds on hand, public
securities of all kinds, and bank stock held in any bank,
and shares of property held in any incorporate bridges or
turnpike roads, according to the just value thereof; and
also the just amount of the value of all goods, wares and
merchandize, or any other stock in trade, vessels of all
sorts at home or abroad, with all their stores and appur-
tenances, mules, horses, neat Cattle, each of one year old
and upwards, (provided however that mules, horses and
neat cattle belonging to inhabitants of any town, and sent
out of sd. town for pasturage only, previous to, or on the
first day of May, shall be in all cases taxed in the town
where the owner lives,) and swine of six months old and
upwards, and all other property of the several kinds re-
turned in the last Valuation, except sheep, household
furniture, wearing apparel farming utensils, and tools of
Mechanics, on the sd. first day of May. And the Asses-
sors of the respective towns, districts, plantations, and
other places, as aforesaid, shall estimate all the before
enumerated articles at six per centum upon the real value
thereof, in the places where they are, (excepting unim-
proved lands, which shall be estimated at two per centum,
where they are situated), and on the amount of the in-
comes of the inhabitants within their respective precincts,
as aforesaid, from any profession, handicraft, trade or
employment, or gained by trading on sea or on land.
And the Treasurer in his said Warrant, shall likewise
require the said Assessors respectively to make a fair list
of such assessments, setting forth in distinct columns,
against each person's name, how much he or she is assessed
for polls, how much for real estate, and how much for
personal estate and income, as aforesaid; and if as Guard-
ian, or for any estate in his or her possession in trust, to
be distinctly expressed ; and also to insert in their rate
bills the number of acres of unimproved land, which
they have taxed to each of the nonresident proprietors of
lands, within their respective towns, districts, plantations
or other places, and also the real value at which they have
estimated the same ; and the list or lists so completed and
signed by them in manner aforesaid, or by the major part
of them, to commit to the Collector or Collectors, Con-

4:24 Acts, 1801. — Chapter 82.

stable or Constables of such town, district, plantation or
other place respectively, with a warrant or warrants, in
due form of law, for collecting, and paying the same to
the Treasurer of this Commonwealth, on or before the first
day of April, in the year of our Lord one thousand eight
hundred and three ; and also to return a Certificate of the
name or names of such Collector or Collectors, Constable
or Constables, with the sum total committed to them re-
spectively to collect, to the said Treasurer, some time
before the first day of December next.

And whereas there are many persons within this Com-
monwealth, who are engaged in trade, and who almost
intirely negociate their business, and hire shops, stores
and wharves, in other towns than where they dwell or
reside, and whose property and ability in this regard can-
not be so well known to the Assessors of the several
towns, districts or plantations wherein such persons dwell
or reside, as to the Assessors of the several towns wherein
their business is transacted as aforesaid :

Sec. 3d. Be it therefore enacted, that all such persons,
within the discription aforesaid shall be assessed by the
Assessors thereof, and pay taxes for such of their goods
wares & merchandize, or other stock in trade, ships and
vessels as are sold, used and improved in such towns other
than where they reside, and not in the towns where such
persons dwell or reside ; and they shall accordingly give
in on oath, if required, a list of their whole estate respec-
tively, to the Assessors of their respective towns or places
of residence, distinguishing what part thereof is rateable
in other towns, and in default thereof shall be doomed by
the Assessors of such towns and places where they respec-
tively reside or have their home. Provided always, that
this clause be not in any case so construed as to enable
any town to tax any inhabitant of any other town for any
estate for which such other town was charged in the last
valuation.

Sec. 4th. Provided nevertheless, and be it further
enacted, That the President, Professors, Tutors, Librarian,
and Students of Harvard College, Williams College, and
Bowdoin College, who have their usual residence there,
and who enjoy no other pecuniary office or employment,
also ministers of the Gospel, Preceptors of Academies by
law established and Latin Grammar School Masters, are
not to be assessed for their polls, and estates under their

Acts, 1801. — Chapter 82. 425

own actual management or improvement, lying in the
towns, districts or parishes where they are settled ; and
also all persons who have the management of the estates
of Harvard College, Williams College and Bowdoin Col-
lege & Academies aforesaid in this Commonwealth, are
not to be assessed for the same, nor Indians for their
polls and estates ; and if there be any others who by
reason of age, infirmity or poverty are unable to pay to-
wards the public charges, and in the judgment of the
Assessors ought to be relieved in their taxes, in any such
case the Assessors respectively may exempt the polls and
estates of such persons, or abate any part of what they
are set at, as they on their oaths shall deem just and
equitable.

Sec. 5. And be it further enacted, That the Justices
of the Peace, at their several Sessions in their respective
Counties, when duly authorized for the assessment of a
County tax, shall apportion the same on the several towns,
districts, plantations and other places in their respective
Counties as aforesaid, in the respective proportions of
this tax ; and the Assessors of each town, parish, district
or other place within this Commonwealth, in making-
County, town, parish or society taxes, shall govern them-
selves by the same rules, and assess the polls in their
respective towns, parishes or societies in the same propor-
tions as the said polls pay towards the several sums with
which the said towns or other places, by this act respec-
tively stand charged, having regard to all such alterations
of polls or property, as may happen within the same,
subsequent to assessing the tax laid by this act.

Provided always, that it shall and may be lawful for any
town, district or plantation, to levy make and collect any
county, town, parish or society tax, and for that purpose
to cause a valuation to be taken at any time of the year
which the said town or other place shall determine to be
expedient, at a legal meeting warned for that purpose.
And the Assessors of the several towns which by this act
are charged with the pay of Representatives, shall assess
such additional sum on the polls and estates, as aforesaid
within their respective towns, and shall apportion the
same in the same proportion at which such polls and
estates shall be respectively set, for raising the sum of
One hundred and thirty three thousand, three hundred
and thirty one Dollars and eighty five Cents.

426

Acts, 1801.— Chapter 82.

Sec. 6th. And be it further enacted, That no order
shall be drawn by the Treasurer of this Commonwealth,
on any Constable or Collector of this tax, for any part of
the same.

Sec. 7th. And be it further enacted, That twenty
thousand Dollars of the sum ordered to be assessed and
paid by this act, be, and hereby is appropriated towards
paying the interest on the public debt ; and the residue
for defreying the expences of Government.

Sec. 8th. And be it further enacted, That the Select-
men or Assessors of each town, district, plantation, or
other place within this Commonwealth, the inhabitants
whereof are to be taxed as required in this Act, be, and
hereby are directed to make their several rate lists, to be
committed to Collectors or Constables, in the forms pre-
scribed at the foot of this Act.

Form of rate lists to be made by Assessors and committed to Collectors
or Constables.

STATE TAX.

Names of persons
to be taxed.

Nnmber
of polls.

Personal estate
. and Income.

Dollars Cents.

Form of rate lists of nonresident proprietors of unimproved land.

STATE TAX.

Names of
persons to
be taxed,
if known.

No. of
each lot,
if known.

Number of
Division or
description of
the range,
if known.

Number
of acres.

Dollars Cents.

Dollars Cents. Dollars Cents

Approved March 10, 1S02.

RESOLVES

MASSACHUSETTS.

1801.

EESOLYES

GENERAL COURT

Commonwealth of Massachusetts,

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUFFOLK,

ON WEDNESDAY, THE TWENTY-SEVENTH DAY OF

MAT, ANNO DOMINI, 1801.

BOSTON :

PRINTED BY YOUNG & MINNS,

Printers to the Honorable the General Court.

Reprinted by Wright & Potter Printing Company, State Printers.

RESOLYES

GENERAL COURT OF THE COMMONWEALTH
OF MASSACHUSETTS.

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF
SUFFOLK, ON WEDNESDAY THE TWENTY-SEVENTH
DAY OF MAY, A. D. 1801.

His Excellency CALEB STRONG, Esquire.
Governor.

His Honor SAMUEL PHILLIPS, Esquire.
Lieutenant Governor.

COUNSELLORS.

Honorable Nathan dishing, Honorable Josiah Bartlett,
John Hastings, John Bliss,

Oliver Wendell, Daniel Bigelow,

Stephen Choate, Alexander Campbell,

John Read, Esqrs. Esqrs.

SENATORS.
Hon. DAVID COBB, Esq. President.
County of Suffolk. Middlesex.

Hon. James Bowdoin, Hon. Jonathan Maynard,

William Tudor, Aaron Hill,

Jonathan L. Austin, Esqrs. William Hildreth,

William Hull, Esqrs.

Essex. Worcester.

Hon John Treadwell, Hon Josiah Stearns,
Nathaniel Marsh, Salem Town,

Enoch Titcomb, Elijah Brigham,

Jacob Ci'owninshield, Bezaleel Taft,

Esqrs. Thomas Hale, Esqrs.

432

Kesolves, 1801. — May Session.

SENATORS — Concluded
Hampshire.

Hon. Samuel Fowler,
Thomas Dwight,
Ebenezer Hunt,
Hugh McLellan, Esqrs.

Berkshire.

Hon. Thompson J. Skinner,
Barnabas Bidwell, Esqrs.

York.

Hon. Simon Frye,

John Lord, Esqrs.

Bristol.

Hon. Elisha May,

Josiah Dean, Esqrs.

Plymouth, Dukes County &
Nantucket.

Hon. Isaac Thompson,
Beza Hayward,
Benjamin Allen, Esqrs.

Cumberland.

Hon. Stephen Longfellow,

Woodbury Storer, Esqrs.

Lincoln, Hancock, Washing-
ton & Kennebeck.

Hon. Nathaniel Dummer,
David Cobb, Esqrs.

Norfolk.

Hon. Benjamin Hichborn,
William Aspinwall,
John Ellis, Esqi's.

Barnstable.
Hon. John Dillingham, Esqr.

Rev. PETER THACHER, D. D. Chaplain.

HOUSE OF REPRESENTATIVES.

Hon. EDWARD H. ROBBINS, Esq. Speaker.

County of Suffolk.

Boston, Charles Jarvis, Boston, Nathaniel Fellows,
Benjamin Austin, jun. David Tilden,

George Blake, Russell Sturgis,

James Prince, Eingham, Nathan Rice

County of Norfolk.

Roxbury, Ebenezer Seaver,

Joseph Heath,

William Brewer,
Dorchester, John Howe,

Perez Morton,
Weymouth, Asa White,
Dedham, Isaac Bullard,

Ebenezer Fisher,
Braintree, Ebenezer Thayer.
Medfield and Dover, John Baxter,
Stoughton, Lemuel Gay,
Milton, Edward H. Robbins,

Wrentham, Nathan Comstock,
Brookline, Stephen Sharp,
Needham, Jonathan Kingsbury,

jun.
Medway, Moses Richardson,
Walpole, William Bacon,
Sharon, Jonathan Billings,
Cohasset, Thomas Lothrop,
Franklin, John Boyd,
Quincy, Moses Black,
Canton, Joseph Bemis,
Bellingham, Laban Bates.

County of Essex.

Salem, Ebenezer Beckford, Ipswich, Nathl. Wade,

Benja. Pickman, jun. Jona. Cogswell,

William Prescott, Joseph Swazey,

Eesolves, 1801. — May Session.

433

HOUSE OF REPRESENTATIVES— Continued.
County of Essex — Concluded.

Newbury, Josiah Little,

Joseph Newell,
Newbury Port, William Coombs,

William Bartlett,

Jonathan Marsh,

George Bradbury,
Lynn and Lynnfield, James Rob-
inson,
Gloucester, John Rowe,
Rowley, Moody Spafford,
Salisbury, Samuel March,
Andover, Thomas Kittredge,

Haverhill, Francis Carr,
Marblehead, Joshua Prentiss,

Elisha Storey,
Amesbury, Christopher Sargent,
Beverly, Moses Brown,

Jas. Burnham,

Jno. Stephens,
Bradford, Nathaniel Thurston,
Boxford, Thomas Perley,
Danvers, Gideon Foster,
Methuen, William Russ.

County of Middlesex.

Charlestown, Thomas Harris,
Watertown, William Hunt,
Medford, Nathaniel Hall,
Cambridge, Jeduthan Willington,

Joseph Bartlett,
Concord, Joseph Chandler,
Sudbury, Jonathan Rice,
Woburn, Loammi Baldwin,
Reading, James Bancroft,
Maiden, Jonathan Oakes,
Oroton, Timothy Bigelow,
Billerica, Oliver Crosby,
Chelmsford, William Adams,
Marlborough, Jonathan Weeks,
Dunstable and

Tyngsborough,

John Pitts,

Sherburne, Daniel Whitney,

BoxboTolgh \ Charles Whitman,
Newton, Timothy Jackson,
Dracut, Israel Hildreth,
Weston, John Slack,
Lexington, Joseph Simonds,
Hopkinton, Timothy Shepard,
Holliston, Ephraim Littlefield,
Westford, Abel Boynton,
Tewksbury, William Simonds,
Acton and ) T D ,

Carlisle, j Jonas Brooks,

Waltham, Abner Sanderson,
Pepperell, Joseph Heald,
Lincoln, Samuel Hoar,
East Sudbury, Jacob Reeves,
Littleton, Daniel Kimbal,
Townsend, John Campbell.

County of Hampshire.

Springfield, William Ely,
Hadley, Samuel Porter,
Westfield, James Taylor,
Deerfield, Jonathan Hoit,

Northampton and Hohn Wor,
Easthampton, \ksf™1 Pom"

Northfield, Solomon Vose,
Sunderland, Samuel Church,
Hatfield, John Hastings.
Brimfield, Clark Brown,
Blanford, William Knox, 3d.
Pelham, Isaac Abercrombie,
Palmer, James Smith,
Southampton, Lemuel Pomeroy,
South Hadley, Ruggles Wood-
bridge,

anc\eGMld ( Moses Bascom, jun.
Neiv Salem, James Felton,
Montague, Henry Wells,
Granville, Thomas Hamilton,

Israel Pai*sons,
Greenwich, Robert Field,
Amherst, Zebina Montague,
Monson, Abner Brown,
Belcherton, Eleazer Clark,
Bernardston, 1 T , v . ..

andZeyrfen, ' J Lemuel Foster,

Chesterfield, Benjamin Bonney,

434

Resolves, 1801. — May Session.

HOUSE OF REPRESENTATIVES — Continued.
County of Hampshire — Concluded.

Wilbraham, John Bliss,
Chester, Elijah Blackmail,
Ware, William Bowdoin,
Conway, Malachi Maynard,
Oranby, David Smith,
Shelbur?ie, John Long,
Worthington, Ezra Starkweather,
Southivick, Joseph Forward,
Williamsburg, Elisha Hubbard,

West Springfield, Jonathan

Smith, jun.
Westhampton, Aaron Fishei',
Longmeadow, Gideon Burt,
Ludlow, Aaron John Miller,
Plamfield and J James Richards>
Cummmgton, \
Hawley, Edmund Longly,
Ash field, Ephrairn Williams.

County of Plymouth.

Plymouth, Zacheus Bartlett,
Scituate, Elijah Turner,
Duxbury, Seth Sprague,
Marshfield, Elisha Phillips,
Bridgwater, Nahum Mitchell,
Middleborough, John Tinkham,
Rochester, Elisha Ruggles,

Plimton, Seth Cushing,
Pembroke, Kilborn Whitman,
Abington, Aaron Hobart,
Kingston, Jedediah Holmes,
Hanover, Benjamin Bass,
Halifax, Zebediah Tomson.

County of Bristol.

Taunton, Stephen Hathaway,
Rehoboth, Frederick Drown,
Dartmouth, Holder Slocum,
Swanzey, Christopher Mason,
Freetown, Simeon Barden,
Norton, George Leonard,
Dighton, Rufus Whitmarsh,
Easton, Abiel Mitchell,

Raynham, Abraham Hathaway,
Berkley, Apollos Tobey,
Mansfield, Benjamin Bates,
New Bedford, Seth Spooner,

Alden Spooner,
Westport, Abner Brownell,
Somerset, Francis Borland.

County of Dukes County.
Edgartown, William Mayhew, Chilmar k, Matthew Mayhewjun

County of Nantucket.
Nantucket, Micajah Coffin.

County of Barnstable.

Barnstable, Isaiah L. Green,
Sandwich, William Bodfish,
Yarmouth, Elisha Doane,
Eastham, Samuel Freeman,
Falmouth, David Nye,
Harwich, Ebenezer Broadbrooks,
jun.

Harwich, Benjamin Bangs,
Chatham, Richard Sears,
Wellfleet, Lemuel Newcomb,
Dennis, Judah Paddock,
Orleans, Richard Sparrow.

Resolves, 1801. — May Session.

435

HOUSE OF REPRESENTATIVES — Continued.

County of Worcester.

Worcester, Samuel Curtis,
Lancaster, Samuel Ward,
Mendon, Joseph Adams,
Brookfield, John Cutler,
Oxford, Silvanus Town,
Leicester, Thomas Denny,
Sutton, Stephen Monro,
Westborough, Nathan Fisher,
Southborough, Trowbridge

Taylor,
Shrewsbury , Jonah Howe,
Dudley, Thomas Learned,
Grajton, Nathl. Adams,
Upton, Elisha Bradish,
Hardivick, John Hastings,

Sturbridge, Josiah Walker,
Leominster, Jonas Kendall,
Western, Joseph Field,

Douglas, Aaron Marsh,
Neiu Braintree, Benjamin

Josslyn,
Spencer, Benjamin Drury,
Petersham, John Chandler,
Templeton, Leonai'd Stone,
Oakham, Spencer Field,
Fitchburg, Joseph Fox,
Royalston, Isaac Gregory,
Ashburnham, Jacob VVillai'd,
Northborough, Nahum Fay,
Hubbardston, William Marean,
Westminster, Jonas Whitney,
Princeton, David Rice,
Barre, Joel Bent,
Milford, Samuel Jones,
Sterling, Israel Allen,
Boylslon, James Longly,
Holden, John Dodds.

County of Berkshire.

Sheffield and Mount S Moses
Washington, } Hubbard,

Stockbridge, Ephraim Williams,
New Marlborough, Benjamin

Wheeler,
Egremont, Nicholas Race,
Pittsfield, Joshua Danforth,
Great Barrington, Thomas Ives,

Lanesborough and t Gideon
New Ashford, \ Wheeler,

Williamstown, William Young,

William Towner,
Lenox, Joseph Goodwin,
Partridgefield, William Frissell,
West Stockbridge, Grove Pomroy,
Richmond, Hugo Burghardt,
Lee, Joseph Whiton,
Adams, Abraham Howland,
Hancock, Simeon Martin,
Cheshire, Daniel Brown,
Tyringham, Adonijah Bidwell.

County of York.

York, Samuel Darby,
Kittery, Mark Adams,
Wells, Nathl. Wells,

Jacob Fisher,
Berwick, Richard Foxll. Cutts,
Biddeford, Daniel Cleaves,
Arundel, Thomas Perkins, 3d.

Buxton, John Woodman,
Lebanon, Thos. M. Wentwoi'th,
Pepperelborough, Samuel Scam-
man,
Richard Cutts,
Fryeburg, William Fessenden,
Bethel, Waterford Lovewell.

County of Cumberland.

Portland, Joseph Titcomb,
Scarborough, Joseph Emerson,
North Yarmouth, Saml. P. Rus-
sell,
Falmouth, Archelaus Lewis,
Brunswick, John Dunlap,
Oorham, Lothrop Lewis,

New

Gloucester, Nathl.

Allen,
Freeporl, John Cushing,
Durham, Josiah Burnham,
Harpswell, Benjamin Dunning,
IAvermore, David Learned,
Lewiston, John Herrick,

436 Resolves, 1801. — May Session.

HOUSE OF REPRESENTATIVES— Concluded.

County of Lincoln.

Pownalborough, David Payson, Bowdoin, James Rogers,

Georgetown, Mark Langdon Hill, Newcastle, John Farley,

Woolwich, Peleg Tolman, Boolhbny, Jonathan Sawyer,

Bowcloinham, Elihu Getchell, Warren, Samuel Thatcher,

Topsham, Benja. Jones Porter, Lewistown, John Herrick,

Bristol, Thomas McClure, dishing, John McKellar,

Waldoborough, John Head, Litchfield, James Shurtliff,

Thomaston, Henry Knox, Thomsonboro, Noah Jordan,

Bath, Joshua Shaw, Camden, Samuel Jacobs.

County of Kennebeck.

Augusta, Nathan Weston, Readfield, Thomas Whittier,

Hallowell, Thomas Fillebrown, Monmouth, John Chandler,

Winlhrop, Nathaniel Fairbanks, Mount- Vernon, Nathaniel Dudley,

Winslow, Elnathan Sherwin, Farmington, Supply Belcher.
Piltston, Jedediah Jewett,

County of Hancock.

Casline, Job Nelson, Frankfort, Francis L. B. Goodwin,

Orrington, Oliver Leonard, Hampden, Martin Kinsley,

Vinalhaven, William Vinall, Deer-Isle, Joseph Tyler.

Rev. THOMAS BALDWIN, Chaplain.
HENRY WARREN, Esq. Clerk.

Chapter 1.

RESOLVE FOR AN ADDITIONAL NOTARY PUBLIC FOR THE TOWN

OF SALEM.

Resolved, That for the better accommodation of the In-
habitants of Salem in the County of Essex, there be annu-
ally chosen an additional Notary Public for said County,
to reside in said Town. June 5, 1801.

Chapter 2.

RESOLVE FOR AN ADDITIONAL NOTARY PUBLIC ON UNION
RIVER, IN THE COUNTY OF HANCOCK.

Resolved that there be an additional Notary public ap-
pointed, To Reside on Union River In the County of
Hancock. June 5, 1801.

Resolves, 1801. — May Session. 437

Chapter 3.

RESOLVE FOR AN ANNUAL CHOICE OF A NOTARY PUBLIC IN
THE TOWN OF WESTPORT, IN THE COUNTY OF BRISTOL.

Resolved that there be annually Chosen in the town of
Westport in the County of Bristol, an additional Notary
Public. June 3, 1801.

Chapter 4.

RESOLVE FOR AN ADDITIONAL NOTARY PUBLIC, TO RESIDE IN
DEER ISLE, IN THE COUNTY OF HANCOCK.

Resolved That there be an additional notary public ap-
pointed for the County of Hancock to reside in Deer Isle.

June 3, 1801.

Chapter 5.

RESOLVE ESTABLISHING THE PAY OF THE MEMBERS OF THE
GENERAL COURT.

Resolved, That there be allowed and paid out of the
Treasury of this Commonwealth, to each member of the
Council, Senate, and House of Representatives, two Dol-
lars per day, for each day's attendance the present session,
and the like sum for every ten miles distance from their
respective places of abode, to the place of the sitting of
the General Court.

And it is further Resolved, That there be paid to the
President of the Senate, and Speaker of the House of
Representatives each, two Dollars per day, for each and
every days attendance, over and above their pay as Mem-
bers. June 5, 1801.

Chapter 6.

RESOLVE ON THE PETITION OF ELIZABETH WELLS.

On the petition of Elizabeth Wells Executrix of the last
Will and Testament of Benjamin Wells late of Adams in
the County of Berkshire, deceased, stating that Thomas
Russell Esqr. deceased, did in his lifetime contract with
Benjamin Wells aforesaid to convey to him the westerly
half part of Lot No. 27, in the first division of Lots in
Adams aforesaid containing by estimation about fifty acres ;
That the said Benjamin hath since deceased, and that She

438 Kesolves, 1801. — May Session.

has purchased of his heirs at Law their right & claim to
said Lot of Land, and the benefit of said Contract; That
said Benjamin paid to said Thomas part of the purchase
money for said half of said Lot, and that She is ready to
pay the residue thereof; and praying that the Adminis-
trator of said Thomas's Estate may be authorized to con-
vey to her in fee the said half of said Lot.

Resolved, That the Administrator or Administrators on
the Estate of said Thomas be and they hereby are author-
ized and empowered to make and execute a good & suffi-
cient deed of the aforesaid half part of said Lot of Land
to the said Elizabeth, She fulfilling the contract which said
Benjamin made with said Thomas relating to the same.

June 5, 1801.

Chapter 7.

RESOLVE ON THE PETITION OF THE PROPRIETORS OF THE
BOSTON PIER, OR LONG WHARF, ExMPOWERING THEM TO EX-
ECUTE A DEED OF A LOT OF LAND AT THE WESTERLY END
OF SAID WHARF.

On the Petition of the Proprietors of the Boston Pier
or Long Wharff in Boston that they may be impow-
ered to execute, by a Committee a Deed of a Lot of Land
situate at the Westerly End of said Wharffe ; For Reas-
ons set forth in said Petition.

Resolved That Lemuel Hay ward, Daniel Sargent,
Stephen Codman, John Parker, Thomas Davis & John
Philips the Committee of said Proprietors, or any three
of them, be & they hereby are authorised & impowered
to make & execute a good & sufficient Deed of all the
Right Title & Interest which said Proprietors have in
Common of, in & to a Lot of Land situate near the west-
erly End of said Wharff bounded westerly on a Store be-
longing to said Proprietors there measuring Thirty seven
feet, Northerly on a Passage Way there measuring forty
feet, Easterly on a Passage Way & Land of W. Powell
there measuring thirty seven feet, Southerly on Land of
Brown & Osborn there measuring forty feet, to any Per-
son who may purchase the same. June 6>, 1801.

Kesolves, 1801. — May Session. 439

Chapter 8.

RESOLVE DIRECTING THE COMMITTEE FOR THE SALE OF EAST-
ERN LAND, TO TAKE NEW NOTES OR SECURITIES OF SILAS
HALL AND OTHERS, FOR THE AMOUNT OF THEIR SALE.

Whereas by a resolve passed February 9th 1801, the
Committee for the sale of Eastern lands were authorised &
directed to alter the contract made by them in behalf of
this Commonwealth with Silas Hall and others for a tract
of land adjoining the Township of East Andover so that it
shall only extend to the sale of so much of the said tract
as lies Southerly of the said Township of East Andover —
And whereas there is no authority or power given to the
said Committee or Treasurer of said Commonwealth to
exchange the Securities which the said Hall & others had
given for said tract of land & which are now in the hands
of the Treasurer aforesaid :

Resolved that the Committee for the sale of Eastern'
lands be and they are hereby authorised to take of the
said Silas Hall & others new notes or Securities for the
amount of their sale so altered as aforesaid, and the said
Committee and the Treasurer aforesaid are hereby au-
thorised thereupon to deliver up to the said Hall & others
the said Securities or Notes by them first given as afore-
said, to wit, four Notes of hand signed January 18th 1800,
by Ebenezer Poor Jr. Silas Hall & Winslow Hall, one for
the sum of 2703.20 cents due 18th Jany. 1801, one for
the sum of 2572.40 cents due 18th Jany. 1802, one for
the sum of 2441.60 cents due 18th Jany. 1803, & one for
the sum of 2310.80 cents due 18th Jany. 1804 all made
payable to said Treasurer or his Successor in office.

JuneS, 1801.

ANSWER OF THE SENATE TO THE GOVERNOR'S SPEECH AT THE
OPENING OF THE SESSION.

May it "please your Excellency,

The Senate beg leave to express to you, their sincere
congratulations on your reelection to the chief Magistracy
of the Commonwealth — Not doubting the purity of the
motives, which have ever guided your political conduct ;
fully believing that your administration has been uniformly
intended to promote the public weal, and that our fellow-
citizens have felt and appreciated its good effects, we

440 Kesolves, 1801. — Mat Session.

hesitate not to add our unequivocal approbation, to that
which is so clearly evinced by the repetition of their suf-
frages.

Whatever may have been the wishes of many, in regard
to a choice of the President of the United States, we trust,
that the good sense and patriotism of those, who are dis-
appointed in the result, will lead them to render that
respectful obedience to Constitutional Authority, which
is justly due and that the first Magistrate of our nation
will, in administring the government, so adhere to its
essential principles, as will secure the confidence of the
people, whose interest requires that he should possess it.

We fully accede, Sir, to the position, that asperity and
false coloring; ouo-ht not to be indulged in the discussion
of public measures, and we sincerely lament that the
morals and liberties of the people have been and still are
endangered by the licentiousness of the presses in the
United States, and that so many of our newspapers are
the vehicles of misrepresentation, slander and falsehood.

Relying, under divine providence, on a well-organized
and well-disciplined Militia, as the great defence of our
Country against enemies from abroad and faction at home,
the Senate will frequently, and readily pay that legislative
attention to the subject, which its importance demands.

The History of Antient Republicks furnishes us with so
many melancholly testimonies of the fatality attending the
ignorance of the people, and through this means the sub-
version of free governments, that we are justified in the
belief, that a Republic cannot preserve its purity, nor can
it long exist without the general diffusion of knowledge
among every class of citizens and we readily adopt the sen-
timent that no subject of Legislation can be more important
— To effect so desireable an object, an early and unwear-
ied attention to the instruction of our youth is indispens-
ibly necessary, and it is a duty, which to neglect, would
be a breach of the trust reposed in us by our Constituents.

We duly estimate the wisdom of antient and celebrated
Legislators on this subject, as well as the laudable ex-
amples of our wise and virtuous forefathers — altho much
has been done by former Legislators in establishing insti-
tutions, for the instruction of youth in the principles of
religion, morality, and useful science, and in forming their
tempers, manners, and habits yet much remains for their
successors to do.

Eesolves, 1801'. — May Session. 441

We will cheerfully co-operate with your Excellency and
the other branch of the Legislature, in ameliorating sys-
tems, so honorable to our Country, so essential to the sup-
port of a free government and conducive to the happiness
of society. June 9, 1801.

Chapter 9.

RESOLVE FOR AMENDING AN ACT FOR INQUIRING INTO THE
RATEABLE ESTATES WITHIN THIS COMMONWEALTH, AND
DIRECTING THE SECRETARY TO PUBLISH THIS RESOLVE.

Whereas in the Act for enquiring into the Ratable Es-
tates within this Commonwealth, passed the last session of
the Legislature, the Article of " Money at interest more
than any Creditor pays interest for," is among other things
required to be returned ; but in the list for the valuation,
making a part of the same Act, that Article is not enumer-
ated, and in consequence of it, mistakes may happen in
the returns which are to be made pursuant to the said
Act : Therefore,

Resolved, That the said Article of ' ' Money at Interest
more than any Creditor pays interest for," shall be set
forth in the lists to be made and returned, pursuant to the
said Act, according to the true intent thereof, the Omis-
sion aforesaid notwithstanding — and the Secretary is
hereby directed to cause this resolve to be published in
the several Newspapers wherein the laws of this Common-
wealth are published. June 9, 1801.

ANSWER OF THE HOUSE OF REPRESENTATIVES TO THE GOV-
ERNOR'S SPEECH AT THE OPENING OF THE SESSION.

May it please your Excellency,

The House of Representatives sincerely congratulate
your Excellency and their fellow-citizens upon your re-
election to the office of first Magistrate of this Common-
wealth — This renewed testimony of the public confidence,
at this period, must be highly grateful, as it affords the
strongest evidence of your having discharg'd the important
duties of your high trust with wisdom and impartiality —
Notwithstanding the diffidence you have been pleased to
express the whole tenor of your public life inspires us with
the fullest confidence that your best endeavours will be
successfully continued to advance the reputation and wel-
fare of your constituents, to preserve their rights unim-

442 Resolves, 1801. — Mat Session.

paired and to select those only for public office who are
most distinguished for abilities and integrity.

Although in the late election of President of the United
States the result may not have corresponded with the
wishes of many of our fellow-citizens, yet we do most
sincerely hope and are encouraged to believe that the hap-
piness so confidently anticipated by some, and so cordi-
ally desired by all, may ultimately ensue from that im-
portant event. As members of a Republic whose basis is
the will of the people we consider that the best claim to
the character of good and faithful citizens is founded on a
cheerful obedience to the laws and a uniform respect for
the constitutional authorities of our nation. And we
cannot refrain from indulging the hope that he who was
so eminently concern'd in establishing our independence
will not be betray'd into a dereliction of the pure prin-
ciples of the Federal system which has arisen out of that
independence. But if these anticipations should not be
realized still a regard to truth, to justice, and to the pub-
lic welfare ought to exclude all asperity and false colour-
ing from the discussion of public measures, for if the free
presses of our country are disgracefully prostituted to
Faction and Falshood, they will greatly endanger if not
eventually subvert the morals and the liberties of the
people.

The organization and dicipline of the Militia being en-
trusted to the State Governments, we shall give our fre-
quent attention to objects so essentially connected with
the public safety.

We fully agree with your Excellency in opinion that
there is no subject of State legislation more important to
the preservation of our free governments or more inter-
esting to the happiness of society than the instruction of
the people and particularly the education of youth. It is
not enough to instruct children in useful learning it is of
still higher concern to habituate them to restraint, to form
their tempers and manners by the principles of benevo-
lence and justice, to awaken the useful energies of their
understandings, to cherish the virtuous propensities of
their hearts, and to teach them the important lesson of self-
command — Thus educated they seldom fail to make quiet
and useful members of society, while those who are idle
& unrestraind in early life, generally become turbulent
.and seditious at mature age.

Kesolves, 1801. — May Session. 443

Our wise and pious ancestors were strongly impressed
with the importance of this subject. Scarcely had they
reach'd this then inhospitable shore, when they provided
schools for the education of their children in literature and
in the principles of religion and morality. They early
founded the University at Cambridge, to which our Coun-
try is indebted for so many great and useful men — We
consider the civil & religious institutions which we have
inherited from those venerable ancestors, as invaluable.
To those institutions under Divine Providence, we ascribe
the present honorable and prosperous condition of this
Commonwealth — We therefore esteem it our highest wis-
dom to cherish, and if possible, to improve them, — and
one of our first duties to transmit them unimpair'd to our
posterity.

We are deeply impressed with the importance and nec-
essity of providing for a due observance of the Sabbath,
which we consider as essentially connected with the pres-
ervation of religion the only sure foundation of human
virtue and happiness. If our laws in this respect are de-
fective we will endeavour to amend them, paying at the
same time that regard to the rights of conscience which a
wise & liberal policy, as well as our State Constitution,
recommend.

Every one must acknowledge that public worship is
useful even as a school of good manners and of decent and
orderly deportment, and that the meeting together of the
people to be instructed in their religious & moral duties,
and to contemplate the wisdom and goodness with which
the Almighty governs the world, must tend to impress on
their minds that reverential love for the Supreme Being,
which is the highest and noblest motive of human actions.
— If any of the Towns or Plantations in the Common-
wealth are unable to provide the means of instruction for
their children, we conceive that the public good requires
they should have such assistance as may be requisite for
this purpose. — We doubt not your Excellency's ready
concurrence in every measure conducive to the public
welfare which the legislature may deem it expedient to
-propose. June 10, 1801.

444 Resolves, 1801. — May Session.

Chapter 10.

RESOLVE ON THE PETITION OF JESSE SEVERANCE, DIRECT-
ING THE TREASURER TO STAY EXECUTION FOR THE BAL-
ANCE MENTIONED.

On the petition of Jesse Severance of Conway in the
County of Hampshire praying a remission of the ballance
due from him on Execution as a Collector of the sd. Town
of Conway.

Resolved, for reasons set forth in the said petition, that
the prayer thereof be so far granted, that the Treasurer of
this Commonwealth be and hereby is directed to stay Ex-
ecution for the ballance aforesaid, untill the first day of
June next. June 10, 1801.

Chapter 11.

RESOLVE ON THE PETITION OF EDWARD GRAY, AUTHORIZING
HIM TO SELL AND CONVEY BY DEED THE LAND MENTIONED.

On the Petition of Edward Gray of Boston in the
County of Suffolk and Commonwealth of Massachusetts
Guardian to Susannah Loring of said Boston Single
woman, an insane Person, praying for reasons therein set
forth, that he may be empowered in his said Capacity to
convey to Jonathan Wilson of Colraine in the County of
Hampshire in said Commonwealth Husbandman all her
right in a lot of land numbered Fifty one containing Sev-
enty two acres situated in Colraine aforesaid on receiving
of said Wilson fifty two Dollars with interest.

Resolved that the prayer of said Petition be granted
and that said Gray in his said Capacity be, and he hereby
is authorized and empowered to sell and convey by Deed
of Quit-claim within nine months from the first day of
June instant to said Wilson and his heirs, all her right,
title and interest, in and to the lot of land aforesaid and
in and to its priviledges and appurtenances, on receiving
from said Wilson fifty two Dollars, with interest from the
thirteenth day of February a. d seventeen hundred and
ninety two the said Gray first giving Bond with sufficient
surety to the Judge of Probate for said County of Suf-
folk, to account for the same according to Law.

June 11, 1801.

Kesolves, 1801. — Mat Session. 445

Chapter 12.

RESOLVE ALLOWING PAY TO THE COMMITTEE APPOINTED TO ,
COLLECT AND CONTRACT FOR A NEW EDITION OF THE
LAWS OF THE COMMONWEALTH, AND AUTHORIZING THE
COMMITTEE ON ACCOUNTS TO ALLOW THEIR ACCOUNTS.

Resolved that there be allowed to Nathan Dane George
R. Minot and John Davis Esqrs. a Committee appointed
by the Legislature of this Commonwealth To Collect and
Contract for a new Edition of the Laws of the Same —
at the rate of three Dollars pr. Day for the time they
were employed in perfecting the Business assigned them
— And the Committee of Accounts are authorised to al-
low their accounts accordingly. June 11, 1801.

Chapter 13.

RESOLVE ON THE PETITION OF BENJAMIN STEWARD AND
HANNAH COWDIN, AUTHORIZING THEM TO EXECUTE A
DEED TO JOHN LITCH, OF LUNENBURG.

On the petition of Benjamin Steward, & Hannah Cow-
din Executrix of the last will & testiment of Thomas Cow-
din late of Fitchburg Esqr. deceased, praying that the
said Hannah, in her capacity aforesaid may be enabled to
give a deed of nineteen acres & twelve rods of land to
John Litch.

Resolved that Hannah Cowdin Executrix of the last
will & testiment of Thomas Cowdin late of Fitchburg
Esqr. deceased, in her capacity of Executrix as aforesaid
be & she hereby is authorized & empowered to make &
execute to John Litch of Lunenburg, a good deed of re-
lease, of ninteen acres, & twelve rods of land in Lunen-
burg aforesaid, being the same land that the Said Steward
conveyed to the said Thomas Cowdin by deed on the
twenty fourth day of August in the year of our Lord one
thousand seven hundred &' seventy four (as a collateral
security) which deed when made & executed by the said
Hannah, according to law, shall be as good & sufficient in
law as if the same had been made by the said Thomas
Cowdin in his life time. June 13, 1801.

446 Resolves, 1801. — May Session.

Chapter 14.

RESOLVE ESTABLISHING THE PAY OF THE LIEUTENANT GOV-
ERNOR, SECRETARY, AND TREASURER.

Resolved that for one year from the last clay of May
last the sum of Five hundred and thirty three Dollars &
thirty three Cents shall be the pay of the Lieutenant Gov-
ernor to be paid out of the Treasury of this Common-
wealth in quarterly payments as the same shall become
due.

Resolved that there be allowed and paid out of the
Treasury of this Commonwealth to John Avery esqr.
Secretary of this Commonwealth Eleven hundred fifty six
Dollars and eighteen Cents, which with three hundred
forty three Dollars and eighty two Cents wThich he re-
ceived in fees before the thirty first day of May last, shall
be in full for his services as Secretary as aforesaid for one
year from the first day of June 1801, being at the rate of
fifteen hundred Dollars per year, to be paid in quarterly
payments.

That from the first day of June current there be allowed
and paid out of the Public Treasury the sum of fifteen hun-
dred Dollars to the Treasurer & Receiver General of this
Commonwealth, for his pay as Treasurer the present year,
to be paid in quarterly payments as the same shall become
due. Jxmel3,1801.

Chapter 15.

RESOLVE ON THE PETITION OF NICHOLAS BOND, THE SECOND,
OF SOUTHFIELD, BERKSHIRE COUNTY.

On the Petition of Nicholas Bond the second of South-
field in the County of Berkshire, praying to be released
from part of a Judgment of the Supreme Judicial Court,
holden at Lenox within and for said County of Berkshire,
on the third Tuesday of May last (rendered) against him
the said Nicholas, upon a forfeiture of his recognizance,
for the sum of five hundred dollars, & Cost — wherein
the said Nicholas was bound, for the appearance of one
James Robberts of Sandisfield aforesaid, before the Su-
preme Judicial Court, at their Term of said Court at
Lenox aforesaid, on the first Tuesday of October in the
year of our Lord one thousand seven hundred & ninety
nine.

Eesolves, 1801. — May Session. 447

Resolved that the prayer of said Petition be so far
granted, that provided the said Nicholas Bond, do within
ninety days pay to the Treasurer of the County of Berk-
shire aforesaid, the sum of One hundred & fifty dollars
in addition to the sum of two hundred & fifty dollars, by
him paid on said Judgement, the same shall be received
by said Treasurer, for, and to the use of the Common
Wealth, in full satisfaction of said Judgement, and all Cost
thereon, and said Judgement shall thereupon be des-
charged. June 13, 1801.

Chapter 16.

RESOLVE ON THE PETITION OF THE PARISH OF BYFIELD.

Upon the Petition of the Parish of Byfield in the County
of Essex, and of sundry Inhabitants of the said Parish.

Resolved, That the said Parish be and are hereby au-
thorised for the reasons set forth in the said Petition to
abate all the parish taxes now in arrears, and heretofore
assessed upon, Noyes Pearson, Samuel Dummer, Stephen
Adams, Stephen Longfellow Jnr., David Pearson, Ebben
Pearson, Oliver Goodridge, Caleb Titcomb, Simeon Tit-
comb, Obadiah Pearson, Richard Dummer Junr., Nathan
Longfellow, Josiah Adams, Paul Moody, Stephen Lunt,
Enoch Moody, Sewall Moody, William Turner, Israel
Turner, John Turner, Israel Adams, William Woodman,
Jonathan Wheeler, Shobaul Dummer, provided they pay
into the Treasury of the said Parish two seventh parts of
the Parish taxes assessed upon them for the year one
thousand seven hundred and ninety seven, and all the
Parish taxes assessed upon them for the year one thousand
eight hundred, within three months from the passing this
Resolve. June 13, 1801.

Chapter 17.

RESOLVE DIRECTING THE ACCOUNTS OF THE GUARDIANS TO
THE DUDLEY INDIANS, TO BE LAID BEFORE THE COMMIT-
TEE ON ACCOUNTS, AND DIRECTING ALL OTHER ACCOUNTS
OF A SIMILAR NATURE, TO BE LAID BEFORE SAID COM-
MITTEE.

Whereas the Guardians of the Dudley Indians have
laid their accounts of income and expenditures before the
General Court for allowance :

448 Resolves, 1801. — May Session.

Resolved that the Committee appointed to examine &
pass upon Accounts against the Commonwealth be and
they are hereby empowered & directed to examine and
pass upon said Accounts of said Guardians, and make
such allowance thereon as they may think reasonable.

And it is further resolved that all accounts of Guardian-
ship of Indians shall in future be exhibited to the Commit-
tee, that is or may be appointed to examine & pass upon
public accounts, and such committee shall examine and
pass upon the same in the same manner as they do on all
public accounts. June 13, 1801.

Chapter 18.

RESOLVE ON THE PETITION OF ELIZABETH SUMNER, AU-
THORIZING HER TO CONVEY A CERTAIN LOT OF LAND.

On the Petition of Elizabeth Sumner praying for Power
to convey a certain piece of Land to Lucy Bowman.

Resolved That Elizabeth Sumner in the County of Nor-
folk Widow, be, & the said Elizabeth Sumner is hereby
authorized and empowered, to convey a certain Lot of
Land situate near Roxbury Street & belonging to the
Estate of Increase Sumner late of said Roxbury, Esquire,
Deceased ; Bounded as follows ; Northwardly on the Road ;
Eastwardly on land improved by the Heirs to the Estate of
Nathan Burditt ; Southwardly on Joseph Dudleys land ; and
Westwardly on the School lot ; and that said Elizabeth be
empowered to execute and convey a Deed of the premises
with good and sufficient assurances thereof, unto Lucy
Bowman of Roxbury aforesaid, her heirs and assigns for-
ever ; and that said piece of Land be struck out of the In-
ventory of said Increase Sumners Estate.

June 13, 1801.

Chapter 19.

RESOLVE ON THE PETITION OF THE INHABITANTS OF THE
TOWN OF LEE, REMITTING A FINE LAID ON SAID TOWN,
UPON CONDITION, &c.

On the Petition of the Inhabitants of the Town of Lee
in the County of Berkshire, by their Committee.

Resolved, for Reasons set forth in said Petition that the
sum of two hundred & seventy dollars & forty cents, being
the Proportion said Town stands charged in the State Tax
of the present year, exclusive of Representatives pay, be

Resolves, 1801. — Mat Session. 449

remitted to said Inhabitants, on condition that the said
sum be faithfully collected & expended in repairing the
Roads and Bridges in the said Town in addition to the
sums raised by the said Town the current Year, for the
purpose of repairing Roads & Bridges there — the said
Inhabitants producing satisfactory evidence of such col-
lection and expenditure to the General Court at the next
Session thereof. June 13, 1801.

Chapter 20.

RESOLVE ON THE PETITION OF JOSEPH SHAW, OF SANFORD,
YORK COUNTY, AUTHORIZING JOANNA NASSON TO EXECUTE
A DEED OF THE LAND MENTIONED.

On the Petition of Joseph Shaw of San ford in the
County of York, seting forth that he by a certain writing,
dated March 11th 1794, agreed to purchase of Samuel
Nasson late of Sanford aforesd. Esquire, a certain tract of
Land containing fifty Acres which was set off to him the
said Samuel, by a Committee appointed by the Court of
Common pleas for the County aforesaid, to divide a quan-
tity of land in Sanford aforesaid, at the easterly end of
the lot whereof the said Joseph is now in possession.

That the said Joseph has Actually paid to the said
Samuel the consideration therefor, amounting to two hun-
dred dollars according to the agreement aforesaid by him
signed, to convey the said tract to him the said Joseph by
his deed of sale with warranty, as soon as the said Divi-
sion should be Accepted by the Court aforesaid but has
been pre vented by his the said Samuels decease, to exe-
cute the deed aforesaid According to his promise.

Therefore Resolved that -Joanna Nasson Administratrix
to the Estate of the said Samuel be, & she hereby is fully
authorized & empowered to make & Execute a good &
sufficient deed of the said tract of land with warranty, to
the said Joseph his heirs & assigns which shall be con-
sidered as valid & effectual in law to convey the said tract
to the said Joseph as any Deed thereof wTould have been
if duly executed by the said Samuel in his lifetime ac-
cording to the agreement aforesaid. June 13, 1801.

Chapter 21.

RESOLVE ON THE PETITION OF CHARLES STRANGE.

On the Petition of Charles Strange praying for a release
of the right of this Commonwealth in his Mothers dower.

450 Resolves, 1801. — May Session.

Resolved for reasons set forth in said Petition, that all
the right & interest of this Commonwealth in & to the re-
version of the Dower of Joanna Strange, Widow of John
Strange, late of Freetown in the County of Bristol de-
ceased, be and the same is hereby released and acquitted
unto the said Charles Strange and to his Heirs & Assigns
forever. June 15, 1801.

Chapter 22.

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS
FOR THE COUNTY OF PLYMOUTH, AND GRANTING A TAX.

Whereas the Treasurer for the County of Plymouth has
laid his Accounts before the General Court in manner
prescribed by law ; which Accounts are hereby allowed ;
and whereas the Clerk of the Court of General Sessions
of the peace for said County has laid before the General
Court an Estimate made by the Court of General Sessions
of the peace of the necessary Charges likely to arise within
the said County the current year Amounting to the sum
of One Thousand Dollars :

Resolved that the sum of One Thousand dollars be and
hereby is granted as a Tax for the said County of Plym-
outh, to be Apportioned, Assessed, Collected and Applied
in Manner Agreable to Law. June 15, 1801.

Chapter 23.

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS
FOR THE COUNTY OF BERKSHIRE, AND GRANTING A TAX.

Whereas the Treasurer for the County of Berkshire has
laid his accounts before the General Court in manner pre-
scribed by law, which accounts are hereby allowed, and
whereas the Clerk of the Court of General Sessions of the
peace for said County, has laid before the General Court
an Estimate made by the Court of General Sessions of the
peace, of the Necessary Charges likely to Arise within the
said County the Current year, Amounting to the sum of
two Thousand dollars :

Resolved that the sum of two Thousand dollars be and
hereby is granted for a Tax for the said County of Berk-
shire, to be Apportioned, Assessed, Collected and Applied
in manner Agreable to law. June 15, 1801.

Kesolves, 1801. — Mat Session. 451

Chapter 24.

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS
FOR THE COUNTY OF BRISTOL, AND GRANTING A TAX.

Whereas the Treasurer of the County of Bristol has
laid his Accounts before the General Court, in manner
prescribed by Law, which Accounts are hereby Allowed ;
and whereas the Clerk of the Court of General Sessions
of the Peace for said County, has laid before the General
Court an Estimate, made by the said Court of General
Sessions of the Peace for the said County of Bristol of
the debts due from, and of the necessary charges likely to
arise within said County for the present year, Amounting
to one Thousand dollars :

Resolved, That the sum of one Thousand dollars, be,
and hereby is granted as a Tax for the said County of
Bristol, to be Apportioned, collected, and Applied, in man-
ner as the Law directs. June 15, 1801.

Chapter 25.

RESOLVE ON THE PETITION OF JOHAN C. HAUFF, VICE CON-
SUL, PRO TEMPORE, OF SWEDEN, AUTHORIZING THE AT-
TORNEY GENERAL TO TAKE MEASURES TO OBTAIN A DECREE
OF THE PROBATE COURT, THAT CERTAIN MONEY BE PAID
TO THE TREASURER — AND DIRECTING THE SECRETARY
TO CAUSE THE ATTORNEY GENERAL TO BE FURNISHED
WITH AN ATTESTED COPY OF THIS RESOLVE.

Whereas it hath been represented to the General Court
that Elias Norberg otherwise called Elias Newbury for-
merly of Sweden and a naturalized citizen of the United
States of America is now dead intestate, that administra-
tion of his goods & effects rights & credits hath been duely
committed by the Judge of Probate for the county of
Suffolk to Ebenezer Dorr of Boston in the same county
merchant — That there is in the hands of the said adminis-
trator a large sum of money the Estate of the said Intes-
tate, to which no person has yet entitled himself as next
of kin to the said Intestate & that the same money in case
of defect of heirs of said intestate doth & will belong to
the Commonwealth : Therefore

Resolved that the Attorney General of said Common-
wealth be and hereby is authorized & directed to take all
due measures to obtain a decree of the said Probate Court

452 Resolves, 1801. — May Session.

that the same money be paid to the treasurer & Receiver
General of the Commonwealth in order that the same may
be retained by said Treasurer or Receiver general to and
for the use of said Commonwealth untill some person or
persons shall be entitled to receive the same as next of kin
of the said Intestate or in some other legal way & manner
— And also that said Attorney General cause such decree,
when obtained to be carried into effect.

And it is further resolved that the Secretary cause the
Attorney General to be furnished with an attested copy of
this resolution. June 15, 1801.

Chapter 26.

RESOLVE ON THE PETITION OF WILLIAM EDWARDS, REQUEST-
ING THE GOVERNOR, WITH ADVICE OF THE COUNCIL, TO
ESTABLISH A COMPANY OF ARTILLERY IN THE 1ST REGI-
MENT, 2D BRIGADE, AND 4TH DIVISION OF THE MILITIA.

On the petition of William Edwards praying for leave
to establish a Company of Artillery in the first Regiment
of the second Brigade, in the fourth Division of the Militia
of this Commonwealth.

Resolved that his Excellency the Governor, with advice
of Council, be & he is hereby requested to establish a
Company of Artillery in the first Regiment, of the second
Brigade in the fourth Division of the Militia of this Com-
monwealth, which company shall be annexed to the Bat-
talion of Artillery in the said second Brigade, subject
however to all such rules, regulations, & restrictions, as
are or may be provided by Law, for regulating and gov-
erning the Militia of this Commonwealth.

June 15, 1801.

Chapter 27.

RESOLVE GRANTING MONEY TO THE COMMISSIONERS AP-
POINTED TO SETTLE THE BOUNDARY LINES BETWEEN THIS
COMMONWEALTH AND THE STATES OF CONNECTICUT AND
RHODE ISLAND.

Resolved That the Commissioners on the part of [of J
this Commonwealth for ascertaining the boundary lines be-
tween said Commonwealth and the States of Connecticut
and Rhode Island be and they hereby are respectively au-
thorized to employ suitable persons as surveyors together
with necessary assistants and chainmen on behalf of said

Resolves, 1801. — May Session. 453

Commonwealth to run said lines respectively in conjunc-
tion with such artists as may be employed for the same
purposes on the part of said States respectively Provided
said Commissioners shall respectively deem it expedient
so to do.

Resolved That there be paid out of the Treasury of this
Commonwealth into the hands of said Commissioners re-
spectively such sums as his Excellency the Governour
with advice of Council may think proper; not exceeding
five hundred dollars to each board of Commissioners to
enable them to defray the immediate expences of running
and establishing said lines. Said Commissioners respec-
tively to be accountable for the proper application of such
money And his Excellency is hereby requested to draw
his warrants on the Treasurer for the foregoing purposes.

June 15, 1801.

Chapter 28.

RESOLVE ON THE PETITION OF RUFUS DAVENPORT AND
RICHARD D. TUCKER EMPOWERING THE JUDGE OF PRO-
BATE TO EXTEND THE COMMISSION FOR EXAMINING THE
CLAIMS OF CREDITORS TO THE ESTATE OF BENJAMIN R.
WELCH.

On the Petition of Rufus Davenport and Richard D.
Tucker, in behalf of Messrs. Vu. Hemert and Company,
Burghers and Merchants of the city of Copenhagen in the
kingdom of Denmark praying that the Judge of Probate
for the County of Suffolk may be empowered to extend
the Commission for examining the claims of creditors to
the estate of Benjamin R. Welch, late of Boston in said
County of Suffolk, Merchant, that the said Vn. Hemert
and Company may be enabled to exhibit & prove their
claim against said estate.

Resolved, for reasons set forth in said Petition, that
the said Judge of Probate for the County of Suffolk be and
he hereby is empowered to extend the said Commission
for receiving and examining the claims of creditors to said
estate, for the term of three months from the twelfth day
of May last past, that the said Vn Hemert and Company
may be enabled to exhibit & prove their said claim, any
law of limitation to the contrary notwithstanding.

June 16, 1801.

454 Resolves, 1801. — May Session.

Chapter 29.

RESOLVE ON THE PETITION OF THE WIDOW AND HEIRS OF
THOMAS RUSSELL, ESQ. DECEASED, EMPOWERING JOHN
LOWELL, ESQ. TO CONVEY BY DEED, ALL REAL ESTATE
HELD IN TRUST FOR JOHN LANE AND THOMAS FRASER.

On the petition of the widow & heirs of Thomas Rus-
sell Esqr. deceased.

Resolved that John Lowell Esqr. administrator of the
Estate of Thomas Russell late of Boston in the county of
Suffolk Esqr. deceased, be & he hereby is authorized, &
empowered to convey by deed, or deeds duly executed,
all such real Estate, within this Commonwealth as the said
Russell held in trust for John Lane & Thomas Fraser, &
all such as he held as security for debts due to him, from
said Lane & Fraser, unto any person, or persons to
whom the said Lane & Fraser, or their assigns shall direct
the same to be conveyed. June 16, 1801.

Chapter 30.

RESOLVE ALLOWING THE ACCOUNTS OF THE TREASURER FOR
THE COUNTY OF KENNEBECK, AND GRANTING A TAX.

Whereas the Treasurer of the County of Kennebec has
laid his Accounts before the General Court in manner
prescribed by Law ; which Accounts are hereby allowed —

And the Clerk of the Court of General Sessions of the
Peace for said County of Kennebec having laid before the
General Court an Estimate made by the said Court of
General Sessions of the Peace for the said County, of the
Debts due from, and the necessary charges likely to arise
within the said County the present year, amounting to
Three Thousand Eight Hundred Eighty two Dollars &
seventy Cents :

Resolved that the Sum of Three Thousand Eight Hun-
dred Eighty two Dollars & seventy Cents, be and hereby
is granted as a Tax for said County of Kennebec, to be
apportioned, assessed, collected and applied for the pur-
poses aforesaid, in manner as the Law directs.

June 16, 1801.

Resolves, 1801. — May Session. 455

Chapter 31.

RESOLVE ON THE PETITION OF DAVID HOWE, ESQ. AUTHOR-
ISING THE QUARTER MASTER GENERAL TO PROCURE, BY
PURCHASE, A SUITABLE PIECE OF LAND IN THE TOWN OF
CASTINE, FOR A GUN-HOUSE.

On the Petition of David Howe Esquire praying that a
Gunhouse the property of this Commonwealth may be re-
moved from his land in Castine.

Resolved that the Quartermaster General of this Com-
monwealth be authorized & directed to procure for this
Commonwealth by purchase or otherwise a suitable piece
of land in the town of Castine to put said Gunhouse upon
& that the said Quartermaster General cause said Gun-
house to be removed on to such land when the same shall
be conveyed to this Commonwealth. June 16, 1801.

Chapter 32.

RESOLVE ON THE PETITION OF DANIEL CURRIER AND OTHERS
PROPRIETORS AND OWNERS OF PEWS IN THE MEETING-
HOUSE BELONGING TO THE EAST PARISH IN AMESBURY.

On the petition of Daniel Currier and others proprie-
tors and owners of pews in the Meeting house belonging
to the East Parish in Amesbury in the County of Essex,
praying to be authorised and impowered to raise by a
Tax on the several pews in said Meeting house, a sum of
money, not exceeding six hundred Dollars towards repair-
ins: the same.

Resolved that the said Daniel Currier be and hereby is
authorised and impowered to notify and warn the pro-
prietors and owners of pews in the Meeting house afore-
said, to assemble and meet in said Meeting house, by
posting up written notifications thereof at said Meeting-
house, and at the West Parish Meeting house in Salis-
bury, ten days at least previous to said Meeting, express-
ing therein the business to be transacted — and the said
Proprietors and Owners when so met, are hereby author-
ised by a major vote of the number present, to choose a
Moderator, and Clerk of said Meeting, who shall be sworn
to make a true record of the proceedings thereof — also
to choose Assessors whose duty it shall be after being
sworn, to number, appraise and value the pews in said
Meeting house, according to their rank and situation, and

456 Kesolves, 1801. — May Session.

to tax the same according to their appraisement, to the
amount of the sum said proprietors and owners may vote
at the Meeting to be held as aforesaid to be raised by a
Tax on said pews not exceeding six hundred Dollars,
which they are hereby authorised to vote to be raised —
also to choose a Committee to act in conjunction with a
Committee of the parish, to lay out an equal sum of
money to be raised by said Parish to repair said Meeting
house — also at said Meeting to choose a Collector, to col-
lect and pay to said Committee, the Tax which shall be
assessed, and committed to him by the assessors afore-
said, to be applied as aforesaid — and if any proprietor or
owner of any pew or pews aforesaid, shall neglect or re-
fuse to pay the sum or sums he or they may be so assessed,
for the space of thirty days after being notified thereof by
said Collector, either in person, or by posting up the sum
on the inside of the pew door — then the Committee afore-
said in such case, is hereby authorised to sell at public
vendue to the highest bidder, such a part of said pew or
pews on which the tax shall have been assessed as afore-
said, and not have been paid, as will be sufficient to dis-
charge the said Tax and all reasonable charges — and to
execute a sufficient Deed thereof to the purchaser, first
giving public notice of such sale thirty days at least in
the Impartial Herald printed at Newbury port — and re-
serving liberty for the Proprietors and owners of the pew
or pews so sold, to redeem the same, by paying the sum
or sums they may have been assessed as aforesaid, with
reasonable charges, ia one year from the time of such sale.

June 16, 1801.

Chapter 33.

ORDElt APPOINTING A COMMITTEE TO RECEIVE THE RE-
TURNS OF THE ASSESSORS WITHIN THIS COMMONWEALTH,
OF THE RATEABLE ESTATE OF THE SAME, TO MEET IN
BOSTON IN NOVEMBER NEXT, AND DIRECTING THE SEC-
RETARY TO PUBLISH THIS RESOLVE.

Ordered that there be appointed a joint Committee of
thirty nine members, ten whereof to be appointed by the
Senate if they see fit from their own body, so that there
be not more than one who shall reside in any one County,
and the remainder to be appointed by the House of
Representatives from their own body, so that there be

Resolves, 1801. — May Session. 457

not more than four members including those of both
branches, who shall reside in any one of the following
Counties, viz. Essex, Middlesex, Hampshire, and Worces-
ter not more than three in the County of Suffolk and not
more than two in any one of the following Counties, viz.
Norfolk, Plymouth, Bristol, Barnstable, including Dukes
County and Nantucket, York, Berkshire, Cumberland,
Lincoln, and Kennebeck, and not more than two in the
Counties of Hancock and Washington, who shall sit in
the recess of the General Court, in order to receive the
returns of the Assessors of the several towns, districts,
& plantations within this Commonwealth, of the polls and
estates within the same, agreable to an act passed at the
last Session of the last General Court, entitled, "An Act
for ascertaining the rateable estate within this Common-
wealth."

And the said Committee shall be hereby authorised,
and it is hereby made their duty to examine and consider
said returns and equalize the same according to their best
understanding and discretion, and shall estimate the polls
therein contained of sixteen years old & upwards, except-
ing paupers, at the rate of two milles on the sum of One
Thousand Dollars, and shall estimate all the estate therein
contained at the rate of six #> centum on its value, except-
ing woodbind, and unimproved lands, which they shall
estimate at two $> centum only on its value : and pro-
vided that if any such assessors shall neglect to make a
true return as aforesaid and conformable to said act, said
Committee shall ascertain the polls & estates, which ought
to have been returned agreable to the best information,
they can obtain respecting the same, and shall thereupon
proceed to estimate and equalize the same as aforesaid,
and shall also make an addition thereto of twenty five $9
centum on the amount thereof; and said Committee shall
be authorised to take such measures, as they may think
proper to correct any informal, imperfect, or erroneous
returns : and said Comittee shall meet at the State House
in Boston, on the first Wednesday of November next, in
order to proceed on the objects of their appointment, and
shall make report of their doings therein, as early as may
be in the next session of the General Court.

And the Secretary is directed to cause this Order to be
published in every County of the Commonwealth where
newspapers are published.

458 Kesolves, 1801. — May Session.

In Senate — Read and concurred and the hon. James
Bowdoin for the County of Suffolk, Enoch Titcomb for
Essex, Aaron Hill for Middlesex Hugh McLellan for
Hampshire, Thomas Hale for Worcester, Beza Hay ward
for Plymouth, Simon Frye for York, Tomson J. Skinner
for Berkshire, John Ellis for Norfolk, Nathanl. Dummer
Esqr. for Lincoln, Kennebeck, Hancock & Washington
Counties are appointed on the part of the Senate.

In the House of Representatives — Read & concurred &
Mr. Austin of Boston & Mr. Rice of Hingham for the
County of Suffolk— Mr. Pickman of Salem — Mr. Wade
of Ipswich — & Mr. Thurston of Bradford for Essex — Mr.
Hoar of Lincoln Mr. Heald of Pepperell & Mr. Hall of
Medford for Middlesex Mr. Taylor of Westfield — Mr.
Porter of Hadley & Mr. Field of Greenwich for Hamp-
shire — Mr. Whitman of Pembroke for Plymouth Mr.
Wells, of Wells for York — Mr. Green of Barnstable &
Mr. Coffin of Nantucket for Barnstable, Dukes County
& Nantucket Mr. Whitmarsh of Dighton & Mr. Slo-
cum of Dartmouth for Bristol — Mr. Kendall of Leominster

— Mr. Marsh of Douglas and Mr. Gregory of Royalston for
Worcester — Mr. Ives of Great Barrington for Berkshire

— Mr. Allen of New Glocester & Mr. Lewis of Gorham
for Cumberland — Mr. Hill of Georgetown & Mr. Payson
of Pownalboro — for Lincoln — Mr. Robbins of Milton
for Norfolk Mr. Chandler of Monmouth for Kennebec —
Mr. Leonard of Orrington & Mr. Kinsley of Hampden
for Hancock & Washington are appointed on the part of
the House. June 16, 1801.

Chapter 34.

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS FOR
THE COUNTY OF MIDDLESEX, AND GRANTING A TAX.

Whereas the treasurer of the County of Middlesex has
laid his accounts before the General Court, in manner
prescribed by Law, which accounts are hereby allowed ;
& the clerk of the Court of general sessions of the peace
for said County has laid before the general Court an Esti-
mate made by the court of general sessions of the peace
for said County of the necessary charges likely to arrise
within the same within the present year, amounting to
six thousand one hundred & sixty dollars :

Resolved, that the sum of six thousand one hundred &

Kesolves, 1801. — May Session. 459

sixty dollars be & hereby is granted as a tax for said
County of Middlesex to be apportioned, assessed, col-
lected, and applied in manner as the law directs.

June 16, 1801.

Chapter 35.

RESOLVE ON THE PETITION OF JOSEPH CHALLIS, AUTHORIZING
THE EXECUTORS AND ADMINISTRATORS ON THE ESTATE OF
JEDEDIAH PREBLE TO EXECUTE A DEED OF THE LOT OF
LAND MENTIONED.

On the Petition of Joseph Challis of Portland in the
County of Cumberland blacksmith praying that the Exec-
utors or Administrators on the Estate of Jedediah Preble
late of said Portland Esqr. deceased, may be empowered to
execute a deed or conveyance to the said Challis of a certain
lot of land in said Portland, lying and fronting on Main-
Street, in said town, beginning at the westerly end of the
widow Ester Woodbury's house and running thence, west-
erly on said street thirty two feet and to carry that breadth
across the lot adjoining the said Woodbury's lot, to the
other road, being about three or four rods which deed the
said Jedediah, while living promised to make and execute
to him the said Challis.

Resolved that the Executors or Administrators on the
Estate of the said Jedediah Preble be and hereby are au-
thorised to make and execute to the said Challis the deed
aforesaid — and the Executors or administrators shall
thereby be discharged from all responsibility for the
same. June 17, 1S01.

Chapter 36.

RESOLVE FOR THE APPOINTMENT OF ANOTHER COMMISSIONER
TO BE ADDED TO THE COMMISSIONERS TO ASCERTAIN THE
BOUNDARY LINE BETWEEN THIS COMMONWEALTH AND THE
STATE OF RHODE ISLAND.

Whereas by a Resolve passed in March last the Honor-
able Edward H. Robbins and Nicolas Tillinghast Esquires
were appointed Commissioners on the part of this Com-
monwealth to ascertain the Boundary line between the
same and the State of Rhode Island ; and whereas the
said State of Rhode Island on their part have appointed
Three Commissioners with certain Powers for the purpose
aforesaid : Therefore

460 Kesolves, 1801. — May Session.

Resolved that another Commissioner on the part of this
Commonwealth be added to the Commissioners before
named, who shall be commissioned in the same manner as
they are or may be by force of said Resolve — and all the
Powers thereby vested in the two Commissioners before
named shall be and hereby are vested in the three Commis-
sioners aforesaid. June 17, 1801.

Chapter 37.

RESOLVE ON THE PETITION OF SYBIL VINTON, OF GRANBY.

On the Petition of Sybil Vinton of Granby in the
County of Hampshire praying to be empowered to convey
all the right & title of Abigail Brewer Isaac Brewer
Lyman Brewer & Clarissa Brewer minor children of Isaac
Brewer late of Ludlow in said County & all the right of
the only child of Polly Fuller the late wife of Joshua
Fuller of said Ludlow the said child being an Infant, &
grandchild of the said Isaac deceased in & unto a certain
tract of land lying in Ludlow aforesd. being part of lots
No. 102 No. 103 "& No. 104 & bounding westwardly on
the inward Commons so called and extending eastwardly
one mile the whole width of said Lots excepting one
quarter in width of said Lot No. 102.

Resolved for reasons set forth in said Petition that the
said Sibil Vinton be & she is hereby empowered to make
& execute to Nathaniel Talmage of said Ludlow his Heirs
& Assigns good & sufficient Deed or Deeds of the same
Land thereby conveying all the right & title of the said
minor children & of the said grandchild of the said Isaac
Brewer deceased & that such deed or deeds be good &
effectual in Law for that purpose. June 17, 1801.

Chapter 38.

RESOLVE ON THE PETITION OF GILBERT WATKTNS.

On the Petition of Gilbert Watkins.

Resolved for Reasons set forth in said Petition that two
Executions which issued on the thirteenth day of October
last upon two Judgments rendered by the Supreme Judi-
cial Court in the County of Berkshire, in favour of the
Commonwealth, viz. one of said Judgments against Ger-
shom Legg & the other against Mark Watkins, be & the
same hereby are so far suspended as that the said Execu-
tions or either of them shall not be levied or extended

Resolves, 1801. — May Session. 461

upon the lands in said Petition mentioned until after the
rising of the next Session of the General Court — and
that the further consideration of the subject matter of said
Petition be referred to the next Session of the General
Court. June 18, 1801.

Chapter 39.

RESOLVE REMITTING THE FINES ON THE TOWNS OF DUN-
STABLE AND TYNGSBORO', FOR NOT SENDING REPRESENTA-
TIVES.

Whereas the towns of Dunstable & Tyngsboro' were
lined for not sending a Representative to the General
Court in the year of our Lord one thousand seven hun-
dred and ninety nine :

Resolved for reasons set forth by representations from
said towns that said line be remitted and the said towns
are hereby discharged from paying the same any resolve
or order to the contrary notwithstanding and that if any
part of said fine has already been assessed and paid into
the Treasury the money so paid shall be reimbursed out
of the Treasury to the inhabitants of said towns who may
have paid the same respectively. And his Excellency the
Governour is requested to draw his warrant for the pa}r-
ment thereof accordingly. June 18, 1801.

Chapter 40.

RESOLVE ON THE PETITION OF JAMES FOSTER, JR. GRANT TO.

On the Petition of James Foster Junr.

Resolved that there be allowed and paid out of the
Treasury of this Commonwealth to James Foster Junr.
Clerk in the Treasurers Office, Two Dollars & seventy-
five Cents #> day, dureing the time he has been, or may
be actually employed in said service, for Twelve Months
from the Twenty seventh day of September 1800.

June 18, 1801.

Chapter 41.*

RESOLVE ON THE PETITION OF THOMAS HEWES AND JOHN
CUSHING, OF BOSTON.

On the petition of Thomas Hewes & John dishing,
praying for an extension of the time, to perform certain

* Chapters 41 to 48 inclusive, wrongly chaptered 61 to 68 inclusive, in session

pamphlet.

462 Resolves, 1801. — Mat Session.

settlement duties in a township of land in the County of
York.

Resolved for the reasons set forth in said petition, that
two years shall be allowed to the said Hewes & Cushing,
or their assigns, in addition to the periods originally
granted, for completing the settlement required by the
Contracts for said townships, upon township No. 5 in the
5th range, West of Bingham's purchase, and East of the
line of New Hampshire ; provided the said Hewes & Cush-
ing, shall on or before the fifteenth day of July next, com-
plete their payment of the purchase money, & the Interest
accruing thereon, agreable to the terms of the Contract
for the said township. June 18, 1801.

Chapter 42.

RESOLVE ON THE PETITION OF DAVID FLEEMAN. GRANT TO.

On the Petition of David Fleeman praying for an allow-
ance for an Injury he sustained in the militia service on
the 2d day of October 1798.

Resolved, that there be allowed & paid out of the
Treasury of this Commonwealth the sum of sixty Dollars
to the said David Fleeman, which shall be in full for his
suffering as aforesaid. June 18, 1801.

Chapter 43.

RESOLVE ON THE PETITION OF WILLIAM CLAP, AUTHORIZING
THE COMMISSIONERS APPOINTED BY THE JUDGE OF PROBATE
TO EXAMINE AND ALLOW THE CLAIMS OF THE CREDITORS
AGAINST THE ESTATE OF JAMES TISDALE, LATE OF BOSTON.

On the petition of William Clap Representing that he
is one of the creditors to the Estate of James Tisdale late
of Boston in the said Commonwealth merchant deceased,
represented Insolvent, & praying for an extension of the
term prescribed by Law for the examination & allowance
of claims against said Estate.

Resolved that at any time from and after the passing of
this resolve untill the expiration of three calender months,
the Commissioners appointed by the Judge of Probate for
the County of Suffolk be and hereby are authorised &
required to examine & allow the claims of Creditors
against said Estate, in the same way and manner as if the
term prescribed by Law in such cases had not expired.

June 19, 1801.

Eesolves, 1801. — May Session. 463

Chapter 44.

RESOLVE GRANTING PAY TO THE CLERKS OF THE SENATE
AND HOUSE OF REPRESENTATIVES— ONE HUNDRED AND
FIFTY DOLLARS EACH.

Resolved That there be allowed and paid out of the
public Treasury to Mr. George E. Vaughan Clerk of the
Senate One hundred & fifty Dollars & to Henry Warren
Esq. Clerk of the House of Representatives One hundred
& fifty Dollars on account of their services as Clerks afore-
said for the present year, they to be accountable for the
same respectively. June 19, 1801.

Chapter 45.

RESOLVE GRANTING FORTY SIX DOLLARS TO THOMAS WALLCUT.

Resolved that there be allowed & paid out of the Public
Treasury to Thomas Wallcut Assistant Clerk of the
House of Representatives Forty six Dollars in full for his
services the present session including two days writing
done previous to the Session. June 19, 1801.

Chapter 46.

RESOLVE DISCHARGING THE COMMITTEE FOR THE SALE OF
EASTERN LANDS FROM ANY FURTHER SERVICE, AND OF A
CERTAIN SUM OF MONEY ; AND APPOINTING THE HON. JOHN
READ, AND PELEG COFFIN, ESQ. AGENTS TO FULFIL THE
BARGAINS AND CONTRACTS ALREADY MADE, UNTIL FURTHER
ORDER.

Resolved That the Committee for the sale of Eastern
lands, be and they hereby are discharged from any
further service, and that they be discharged from the sum
of three Thousand nine hundred and fifty five Dollars &
sixteen Cents ; which they have received since rendering
their last Account ; and after deducting seventy nine
dollars and ten Cents for their Commissions, have paid
to the Treasurer of the Commonwealth.

And be it further, Resolved, That John Read and Peleg
Coffin Esqrs. be and they hereby are appointed Agents
for this Commonwealth, and they are Authorized and im-
powered, untill the further order of the General Court, to
fulfill & perform all the Bargains & Contracts which have
been made by said Committee pursuant to the powers
granted them by the General Court, and to make and

464 Resolves, 1801. — May Session.

execute the necessary conveyances for that purpose ; and
they are vested with all other powers which said Commit-
tee possesed before the passing of this Resolve.

June 19,1 801.

Chapter 47.

RESOLVE GRANTING TWO HUNDRED DOLLARS TO JACOB KUHN.

Resolved that there be allowed and paid out of the
Treasury of this Commonwealth to Jacob Kuhn, two hun-
dred Dollars for the present year, commencing the 30th
of May last, to be in addition to the sum allowed him by
a resolve March 2(3, 17!>3 establishing the .pay of the
Messenger of the General Court. June 19, 1801.

Chapter 48.

RESOLVE GRANTING PAY TO THE COMMITTEE ON ACCOUNTS.

Resolved that there be paid out of the Public Treasury
of the Commonwealth to the Committee appointed to ex-
amine & pass on accounts for their attendance on that
service, during the present Session, the sums annexed to
their names in addition to their pay as Members of the
Legislature viz. To the Honorable Isaac Thompson Esq.
for sixteen days attendance eight dollars To the Honorable
Thomas Hale Esq. for sixteen days attendance eight dol-
lars— To Saml. P. Russell Esq. for sixteen days attendance
eight dollars to Timothy Jackson Esq. for fourteen days
attendance seven dollars To Ezra Starkweather Esq. for
ten days attendance five dollars — which sums shall be in
full for their services aforesaid. June 19, 1801.

Chapter 49.

RESOLVE GRANTING MONEY FOR FUEL, &c. TO JACOB KUHN.

Resolved that there be allowed and paid out of the
Treasury of this Commonwealth to Jacob Kuhn, Messin-
ger of the General Court, the sum of eight hundred dol-
lars, to enable him to purchase fuel & such other articles
as may be necessary for the use of said Court, and the
Committee on the valuation during the recess, he to be
accountable for the expenditure of the same.

Jane 19, 1801.

Resolves, 1801. — May Session. 465

Chapter 50.

RESOLVE ON THE PETITION OF ABEL BOYNTON, DIRECTING
THE SECRETARY TO CERTIFY THE RESPECTIVE BALANCES
DUE TO HUGH WADSWORTH AND THOMAS WILLIAMS, SOL-
DIERS IN THE LATE CONTINENTAL ARMY.

On the petition of Abel Boynton Administrator of the
Estates of Hugh Wadsworth and Thomas Williams late
Soldiers in the Continental Army, praying that the bal-
lances of Wages due to them may be paid him.

Resolved that the Secretary of the Commonwealth be
and he hereby is directed to certify to the Governor and
Council the respective ballances due to said Wadsworth
& Williams deceased, who were soldiers in Colo. Shep-
ards Regiment in the Continental Army.

And the Treasurer, on receiving a warrant therefor is
hereby directed to Issue a Note conformable to the law
providing for the Debt of this Commonwealth for the
Amount of the principal and Interest due to the Estate
of said Wadsworth & Williams, said Note to be made
payable to said Abel Boynton as Administrator to the
Estates of said Deceased persons. June 19, 1801.

Chapter 51.

RESOLVE GRANTING PAY TO THE ASSISTANT CLERK OF THE

SENATE.

Resolved that there be allowed and paid out of the
Treasury of this Commonwealth to Nathaniel Coffin, as-
sistant Clerk of the Senate, the sum of seventy two Dol-
lars in full for his services the present Session of the
General Court. June 19, 1801.

Chapter 52.

RESOLVE ON THE PETITION OF SIMON DEARBORN AND OTHERS.

On the petition of Simon Dearborn, and others, pray-
ing for a grant of lands for the support of a free grammar
School, in the town of Monmouth, in the County of Ken-
nebeck.

Resolved, that in consideration of the particular circum-
stances attending the settlement of said town, & other
Towns in the Neighbourhood ; when it shall be made to
appear to this Court, that the petitioners with other of

466 Kesolves, 1801 . — May Session.

the adjoining Towns have raised a fund of Fifteen hun-
dred Dollars, for the purpose of supporting a Free Gram-
mar School in said town of Monmouth, this Court will
grant an Act of Incorporation ; and if the same be ful-
filled & accomplished within two years from the date of
this Resolve, this Court will grant to the Trustees of said
free Grammar School, Fifteen hundred acres of any of the
unappropriated lands of this Commonwealth, in the Dis-
trict of Maine, excepting the ten Townships upon Penob-
scot River purchased of the Indians, for an additional
support to the said Free School forever.

June 19, 1801.

Chapter 53.

RESOLVE ON THE PETITION OF THE ATTORNEY GENERAL ON
THE CONTRACT OF HENRY JACKSON AND ROYAL FLINT.

Resolved, that the Attorney General be, and he hereby
is authorised, in behalf of the Commonwealth, to release
or cancel the contract made on the eighteenth day of April
one thousand seven hundred & ninety two, between Sam-
uel Phillips, Leonard Jarvis and John Read, a major part
of the Committee for the sale of unappropriated lands in
the eastern parts of this Commonwealth, in behalf of the
Commonwealth, of the first part, and Henry Jackson &
Royal Flint, of the second part, for the sale of a tract of
land therein described, on terms therein expressed, pro-
vided the said Jackson & Flint, in person or by their
Attorney, or Attorneys therto lawfully authorized, or
their executors or administrators, shall, within six months
from the date of this Resolve, on their part, mutually re-
lease or cancel the said contract, and release to this Com-
monwealth all claim and demand on account of any money
paid on said contract.

And it is further Resolved, that if the said Jackson &
Flint or their Executors, or Administrators shall not,
within six months from the date of this Resolve, release
or cancel said contract on their part, and release all de-
mand on account of money paid on said contract as afore-
said, the Attorney General is hereby directed to institute
a suit, in behalf of the Commonwealth, against said Jack-
son & Flint or their Executors or Administrators, on their
Bond, of the date aforesaid, of said contract, in the penal
sum of five thousand dollars, conditioned for the perform-
ance of said contract. June 19, 1801.

Besolves, 1801. — May Session. 467

Chapter 54.

RESOLVE ON THE PETITION OF JOSEPH WILLARD AND OTHERS,
AGENTS FOR THE ACADEMY OF ARTS AND SCIENCES, AND
JAMES SULLIVAN AND OTHERS, AGENTS OF THE MASSACHU-
SETTS HISTORICAL SOCIETY, GRANTING THE COPY-RIGHT OF
THE COPPERPLATES ENGRAVED FOR THE MAPS OF THIS
COMMONWEALTH, WITH A PROVISO.

Resolved that the Copper plates engraved for the Maps
of this Common wealth, be and hereby are granted to the
Academy of Arts and Sciences, and to the Massachusetts
Historical Society, together with the Copy right of print-
ing publishing and vending the same at the expence of
6aid Societies, for the term of fourteen years from the
passing of this Resolve — the profits arising therefrom, to
be equally divided between said Societies, and applied by
them, for the benefit of their respective institutions, as
they shall judge best, for the advancement of Science and
the reputation of their Country.

Provided that the said Societies shall order first to be
struck ofT from the plates aforesaid, four hundred setts of
Maps for the use of the Common wealth, to be disposed
of, as the Legislature shall hereafter direct — and after
having the same pasted on Cloth of the same kind with those
before provided for the use of this State — shall deliver the
same to the Secretary of this Common wealth, on or before
the first day of January next — and as soon as said four
hundred setts of Maps, shall be completed and delivered
as aforesaid, the Governor with the advice of the Council,
is hereby authorised to draw his Warrant on the Treasurer
for payment of the same, at the first cost of the paper,
printing, Cloth and pasting as aforesaid.

June 19, 1801.

Chapter 55.

RESOLVE MAKING PROVISION TO CARRY INTO EFFECT A RE-
SOLVE, PASSED THE FOURTH OF MARCH LAST, RESPECTING
THE GRANT OF LANDS, OR MONEY IN LIEU THEREOF, TO
CERTAIN SOLDIERS OF THE LATE CONTINENTAL ARMY
THEREIN DESCRIBED, DIRECTING THE SECRETARY AND
TREASURER IN THIS CASE, WITH DIRECTIONS TO PUBLISH
THIS RESOLVE.

Whereas further legislative provision appears necessary
to carry into effect a resolve passed the 4th day of March

468 Resolves, 1801. — Mat Session.

last respecting the grant of Lands or money in lieu there-
of to certain persons therein discribed : Therefore,

Resolved, That all persons claiming land or money by
virtue of that or this present resolve, and applying there-
for within the time therein limited, shall produce to the
Secretary and Treasurer, of the Commonwealth, such evi-
dence as to them shall appear satisfactory that the respec-
tive claimants as aforesaid are the persons discribed or
intended in said resolve. And the said Secretary &
Treasurer shall certify the number and discription of
Persons applying or claiming as aforesaid to the General
Court, on the first Tuesday of the next Session thereof,
and also on the first Tuesday of every Subsequent Ses-
sion, until 1 the time limited for claiming as aforesaid shall
have expired.

Sectn. 2. And be it further resolved, that the Gov-
ernor with advice of Co[?^]ncil is requested, as soon as
may be, to appoint some suitable person or persons, to
survey or cause to be surveyed, and laid out into two
hundred acre Lots, the land discribed in said Resolve, or
so much thereof as shall appear to be necessary, at the
expence of the Commonwealth, which Survey, with the
plan thereof, shall be returned & lodged in the Secretarys
Office.

Sect. 3d. And be it further resolved, that the Lots
surveyed as aforesaid, shall be assigned to the several
persons, claiming and being entitled to the same as afore-
said, by the Secretary & Treasurer, in such manner as
they shall deem most conformable to the spirit & meaning
of said Resolve of the 5th of March.

Sect. 4. And be it further resolved, that the Gov-
ernor with the advice & consent of Council is hereby au-
thorized to draw a warrant on the Treasurer, for the sum
of twenty Dollars in favor of any such claimant, who may
elect to receive the same in full satisfaction of his or her
Claim to the benefits of the former and this Resolve, and
the Treasurer is hereby authorized to borrow a Sum not
exceeding twenty thousand Dollars, of the Union Bank
if necessary, for the purpose of carrying into Effect the
object of this & the aforesaid resolve.

Sectn. 5. And be it further resolved, that it shall be
the Duty of the Secretary & Treasurer to keep a record
of the names & places of abode, and such other material
Circumstances, relating to the several Claimants, as shall
be deemed necessary, to obviate all disputes respecting

Resolves, 1801. — May Session. 469

the Justice of their Claims, and to issue a Certificate in
favor of each and every Person whose Claim as aforesaid
shall appear to be good and valid, which Certificates sub-
scribed by said Secretary & Treasurer, shall be received
by the Governor & Council, as the only proper Evidence,
to entitle the Holder thereof to the benefits of the present,
or former resolve. And the Secretary is directed to pub-
lish this Resolve in such Newspapers printed in this Com-
monwealth as his Excellency the Governor may direct, six
weeks successively, directly after passing the same.

June 19, 1801.

Chapter 56.

ROLL NO. 45.

The Committee on Accounts, having examined the ac-
counts they now present ;

Report, that there are due to the corporations and per-
sons hereafter mentioned, the sums set to their names
respectively, which, if allowed and paid, will be in full
discharge of said accounts, to the dates therein mentioned.

Which is respectfully submitted,

ISAAC THOMSON Per Order.

Pauper Accounts.

Dolls, cts.

To the town of Adams for supplies to Elizabeth Blakeley

for her son Freeman to May 21st 1801 . . . . 70 50

To the town of Amesbury for boarding cloathing and doc-
toring Jonathan Sidwell to May 18th 1801 . . . 68 45

To the town of Abington for supplies for Margaret Benner
to January 1st 1801 39 40

To the town of Brookfield for boarding, cloathing, and doc-
toring Luke Finny & wife and Cato Kinn to May 1st
1801 48 53

To the town of Belchertown for boarding cloathing and
nursing Betty Demmon to May 27th 1801 . . . . 27 50

To the town of Becket for boarding, cloathing and doctor-
ing Thomas Gabriel to February 5th 1801 . . _ . 17 45

To the town of Barre for boarding & cloathing Christian

Dandrick to May 21st 1801 .60

To the town of Boston for supporting sundry
paupers from November 30th 1800 to June 1st
1801 viz Overseers account .... 2630.86

Board of Health's account for boarding doctor- j> 2865 48

ing and nursing and other expences for sun-
dry paupers on Hospital Island to February
19th 1801 234 62 J

470 Kesolves, 1801. — Mat Session.

Dolls. Cts.

To John Bond for doctoring sundry paupers in Newbury-

port to March 10th 1801 6 64

To the town of Cape-Elizabeth for boarding and cloathing
Betty Carroll and supplies for James Ramsbottom to

May 12th 1801 99 44

To the town of Concord for boarding William Shaw to June

6th 1801 26

To the town of Cheshire for boarding & cloathing Ephraim
Richardson & supplies for Rachel Graham to May 23d

1801 117 14

To the town of Conway for supplies and doctoring for John

Allen and family to May 16th 1801 32 78

To the town of Charlemont for boarding & [and] doctor-
ing Dennis Kennedey to May 21st 1801 .... 21
To the town of Coldrain for boarding and doctoring Rachel
Carr to January 1st 1801 and William Wilson to May

21st 1801 85 3

To the district of Cai'lisle for boarding and cloathing Rob-
ert Barber and Matthew Jemmerson to June 6th 1801 . 43 10
To William Caldwell keeper of the house of correction in
Portland for boarding Ebenezer Varnum to November

1st 1799 55 99

To William Coffin for doctoring sundry paupers in the town

of Gloucester to May 31st 1800 80

To the town of Douglass for supplies for Poladore Dixon

to May 25th 1801 20 85

To the Plantation of Ducktrap for boarding cloathing, doc-
toring, and nursing Issabella Woodbery to May 20th 1801 86
To the town of Dover for boarding, cloathing, and nursing

Patrick Cowen to June 8th 1801 24 23

To the town of Franklin for boarding and cloathing Alex-
ander Reed to May 26th 1801 93 7

To John Fleet junr. for doctoring the States poor in the

Aims-House and in the town of Boston to May 15th 1801 400
To Constant Freeman keeper of the Aims-House in Boston

to June 1st 1801 203 26

To the town of Gill for boarding Peter Mange to May 14th

1801 18 72

To the town of Great-Barrington for boarding and cloath-
ing Isaac Hoose, Catharine Hoose, Mary Hoose and Tom

a negro to May 31st 1801 72 25

To the town of Granby for boarding, cloathing, and doctor-
ing Ebenezer Darwin & John Murry to May 25th 1801 . 79 91
To the town of Greenfield for boarding, cloathing and doc-
toring John Battis & Eunice Converse to May 28th 1801 52 16
To the town of Gloucester for supporting sundry paupers
to May 10th 1801 including funeral charges for John

Blatchfield, 777 82

To Josiah Gilman for doctoring sundry paupers in the town

of York to March 26th 1801 17 3

To Joseph Hodgkins keeper of the house of correction in

Ipswich, County of Essex, for boarding and cloathing

sundry paupers to June 7th 1801 including the allowance

made by the Court of Sessions to March 7th 1801 . . 565 28

To Oliver Hartshorn for dieting sundry poor debtors in

Boston Gaol to June 10th 1801 58 12

Resolves, 1801. — May Session. 471

Dolls. Cts.

To Stephen Ilsley for taking an inquisition on the body of
Thomas Perkins at Newbury February 16th 1801 includ-
ing Constable and Juror fees . . . . . . 20 51

To John Kittredge for doctoring sundry paupers in the

town of Newburyport to June 2d 1801 .... 83 6

To the town of Leyden for supplies & doctoring Jedediah

Fuller & family to May 23, 1801 25 35

To the town of Lunenburg for boarding, cloathing, and

doctoring John Kelley to June 1st 1801 . . . . 21 5

To the town of Mendon for boarding & cloathing Robert

Ellison to May 25th 1801 61 87

To the town of Medfield for boarding, cloathing, doctoring

and nursing Michael Runnels to May 6th 1801 . . 7 70

To the town of Milton for supporting Thomas Webster to
June 2d 1801 including an omission of ten dollars in the
last Roll 80

To the town of Noi'th-Hampton for boarding & supplies
for Nancy McMullen, Samuel Green, Patience Davis &
house rent for John Ellis to June 1st 1801 . . . 63 98

To the town of Newbury for boarding, cloathing, doctoring
and nursing sundry paupers to June 1st 1801 including
funeral charges 372 99

To the town of Newburyport for boarding cloathing and
nursing sundry paupers to June 1st 1801 including
funeral charges 759 19

To the town of Plympton for supplies for Simon Brow and
Hannah Mitchell to March 1st 1801 including doctors
bill 83 12

To the town of Palmer for boarding & cloathing William

Mendem to May 23d 1801 . . . 27 42

To the town of Pittsfield for boarding Molly Welsh to May

11th 1801 14 25

To the town of Royalston for boarding & cloathing Joshua

Capron to April 4th 1801 8 43

To the town of Richmond for boarding, doctoring, and
nursing Peggy Smith to her death including funeral
charges 62 63

To the town of Swanzey for boarding & cloathing Fenner
Pearce and three illegitimate children to May 22d, Easter
Church to May 23d and Deborah Blinkins to May 25th
1801 76 54

To the town of South-Hadley for supplies for Peter Pende-

grass to May 19th 1801 14 26

To the town of Shelburne for boarding Francis Lestor to

May 4th 1801 75

To the town of Stoneham for boarding William Barton to

June 10th 1801 31

To the town of Salem for boarding and cloathing sundry

paupers to June 2d 1801 791 50

To Benjamin Turner for doctoring Caesar Schyler in the

town of Milton to June 1801 13 24

To the town of Oxbridge for boarding & cloathing Betty
Trifle and David Mitchell to May 25th 1801 . . ^ . 45

To the town of Western for boarding, cloathing, doctoring,
and nursing William Johnson to May 27th 1801 and Nancy
his wife to her death, including funeral charges . . 64 50

472 Kesolves, 1801. — Mat Session.

Dolls. Cts.

To the town of West Springfield for boarding, cloathing,
doctoring, & nursing Thomas Pettee's wife to May 18th
William Bell to May 6th 1801 & Lucy Kent & William
Pollock to their death including funeral charges, & sup-
plies for John Howes family to March 18th 1801 . . 134 30

To the town of Woolwich for boarding and oloathing Joshua

Fuller to April 8th 1801 78 96

To the town of Wilbraham. for boarding John Brown to

May 25th 1801 16

To the town of Washington for boarding & cloathing Han-
nah Adams and her children, & Phebe Clai'ke including
doctor's bill to May 25th 1801 33 35

To the town of Windsor for boarding the widow Still to

May 11th 1801 10 50

To the town of Westford for boarding, cloathing, and doc-
toring Elizabeth Wilson to January 1st 1801 . . . 42 50

To the town of Westborough for boarding, cloathing, doc-
toring and nursing John Scudemore to June 9th 1801 . 37

To the town of Williamstown for boarding and cloathing

Rachel Galusha to May 15th 1801 78 33

To Joseph H. White for doctoring sundxy paupers in the

town of Gloucester to May 10th 1800 .... 50

To the town of York for boarding cloathing & nursing
William Kearswell, Sarah Kearswell, Elizabeth Perkins,
Mary Crocker, Abigail Chappel, Edward Perkins and
Sarah Perkins to May 21st 1801 149 37

To James Goss for doctoring sundry paupei's in the town

of Gloucester to February 15th 1801 38 37

9704 39
Militia Accounts.

Dolls. Cts.

To a Court Martial held at Plymouth February 24th 1801
whereof Lieut. Col. Chai'les Turner was president . . 60 20

To John Richardson 2d. for money expended for horses to

haul Artillery &c. to October 4th 1800 ... 5

To Nathaniel C. Allen, Brigade-major in full for his ser-
vices to May 20th 1801 55 65

To William Jackson, Brigade-major in full for his services
to April 17th 1801 . 49 37

To William Towner Brigade Major in full for his services
to May 20 1801 67 5

To Micah Adams Adjutant in full for his services to Nov-
ember 6th 1800 .... .... 7 42

To Oliver Beldin Junr. Adjutant in full for his services to

September 1st 1800 5 72

To Joseph Brigham Junr. Adjutant in full for his services

to May 6th 1801 . . ." 32 871

To Benjamin Blanchard Adjutant in full for his services to

March 1st 1801 23 21

To Israel H. Buker Adjutant in full for his services to May

1st 1801 75 4

To Ezbon Carter Adjutant in full for his services to June

13th 1801 . 17 29

To Jesse Davenport Adjutant in full for his services to
January 7th 1801 '.' 48 32

Kesolves, 1801. — Mat Session. 473

Dolls. Cts.

To Cyrus Keith Adjutant in full for his services to June

1st 1801 10 83

To Joseph Kellogg Adjutant in full for his services to
October 8th 1800 32 38

To Giles Lyman Adjutant in full for his services to June

1st 1801 21 23

To Daniel Osborn Adjutant in full for his services to Jan-
uary 14th 1801 8 81

To Daniel Philbrook Adjutant in full for his services to
May 1st 1801 72 96

To Jason Ware Adjutant in full for his services to May 6th

1801 12 72

606 7

Sheriff's Accounts.

Dolls. Cts.

To George Pai'tridge for returning votes for Representa-
tive to Congress, and Governor &c. to May 1801 . . 18 62

To Benjamin Clark Cutler for returning votes for Gover-
nor &c. and for disti'ibuting precepts for choice of Repre-
sentative to Congress to June 2d 1801 . . . . 1 84

To Ebenezer Mattoon for distributing warrants and return-
ing votes for Representative to Congress, and for Gov-
ernor &c. to June 1st 1801

To Edmund Bridge for retm-ning votes for Governor &c. to
May 1st 1801

To Simon Larned for distributing precepts for choice of
Representative to Congress and returning votes for Gov-
ernor &c. to June 1st 1801

To John Cooper for returning votes for Governor &c. to
May 29th 1801

To John Gardner for returning votes for Representative to
Congress and Governor &c. to May 13th 1801 .

To Arthur Lithgow for returning votes for Governor &c. to
May 20th 1801

To Thomas Phillips for returning votes for Governor, and
summoning witnesses to attend the examination of Paul
D. Sargent Esqr. and others to June 1801 ....

Printers Accounts.

To Phinehas Allen for publishing at Pittsfield the Resolve
of Mai*ch 5th 1801 respecting the land granted to the sol-
diers of the late American Army

To William Butler for publishing the Acts & Resolves at
North-Hampton to January 1801

To Thomas Dickman for publishing Acts and Resolves in
Greenfield to June 1st 1801

To Peter Edes for publishing at Hallowell the Resolve of
March 5th 1801 granting land to the soldiers of the late
American Army

To Galen H. Fay for publishing at Haverhill the Resolve of
March 5th 1801 granting land to the Soldiers of the late
American Army

254

Dolls

.Cts.

5 50

474

Resolves, 1801. — May Session.

To Benjamin Russell for publishing in the Centinel the Re-
solve of March 5th 1801 granting land to the soldiers of
the late American Army 5 50

To Abraham Shearman Junr. for publishing in New-Bed-
ford Acts and Resolves to June 1st 1801 . . . . 16 66

To Young and Minns printers to the General Court to June

16 1801 969 86

1089 86

Miscellaneous Accounts',

To the commissioners appointed by government to repair
to Connecticut River to ascertain certain facts 1'especting
the Locks and Canals and other purposes viz. to

Benjamin Goodhue Esqr 80

Elijah Brigham Esqr 53

Simon Larned Esqr. . . . . . .40

To James White for stationary for the General Court and
the Secretary's Office to March 31st 1801 ....

To the committee appointed by the Legislature to collect
and contract for a new edition of the laws of this Com-
monwealth viz.

To Nathan Dane Esqr 69

George R. Minot Esqr 216

John Davis Esqr 63

To Peleg Coffin Esqr. for Scale beam & scales and expend!

tures in the Treasury Office to June 13th 1801 .
To Francis L. B. Goodwin in full for his services in protect-
ing the lands of the Penobscot Indians to June 5th 1801, .
To Jonathan Hastings for postage to June 16th 1801 .
To Henry Warren Esqr. for copying papers on the com-
plaint against Paul D. Sargent Esqr. & others by order

of the House of Representatives

To Joshua Holt for boarding & cloathing Levi Konkepot to
May 13th 1801 ........

To Jacob Kuhn a balance due him for money expended
over & above the amount of two grants made him June

17th and November 14th 1800

To the witnesses at the examination of Paul D. Sargent
Esqr. and others before the House of Representatives
June 1801 viz. to

Thomas Phillips Esqr 7

George Tyler Esqr 89 25

Simeon Fowler Esqr 72 63

To Sylvanus Lapham assistant messenger to the General
Court to June 20th 1801

173

135 89

348

70 22^

62
48 98

19 24

32 33

168 88

45 50

1118 4i

Convicts Accounts.

To Nathan Heard keeper of the Gaol in Worcester for
boarding Eli Page to May 27th 1801 . . . . _ .

To John Richardson keeper of the Gaol in Concord for diet-
ing William Davis, Gaius Proctor, Isaac Moore, Thomas
Kimball, Ezekiel Salmon, John P. Bancroft, Peter Fran-
cis, Jeremiah Bancroft to June 2d 1801 ....

155 50

Kesolves, 1801. — May Session.

475

To Oliver Hartshorn Keeper of the Gaol in Boston for diet-
ing Elisha Dillingham to June 10th 1801 and Samson
Freeman & Charles Blade to the time of their discharge . 50

To Jeremiah Staniford for boarding Samuel Walker in Ips-
wich Gaol to June 13th 1801 29 75

Aggregate of Boll No. 45.

Expenses of State Paupers,
Do. Militia, .

Do. Sheriffs,

Do. Printers,

Do. Miscellaneous,

Do. Convicts,

Read and accepted, and thereupon
Resolved, That there be allowed and paid out of the
Public Treasury, to the several corporations and persons
mentioned in this Roll, the sums set against such corpora-
tions and persons respectively, amounting in the whole to
thirteen thousand, thirty seven dollars and seventy two
cents, the same being in full discharge of the accounts
and demands to which they refer. June 19, 1801.

265

Dolls.

:ts.

Dolls

Cts.

9704 39

606

254

1089

1118

265

;

13037

RESOLVES

GENERAL COURT OF THE COMMONWEALTH
OF MASSACHUSETTS :

PASSED AT THE SESSION BEGUN AND HELD AT BOSTON,
ON THURSDAY, THE FOURTEENTH DAY OF JANUARY,
ANNO DOMINI 1802.

1801. — January Session.

answer of the senate to the governor's speech at
the opening of the session.

May it please your Excellency,

It is with the most pleasing sensations that we recipro-
cate the gratulations of your Excellency on the augmented
strength and prosperity of this Commonwealth. The du-
ration of the peaceful, free and flourishing Government
we enjoy depends, we are sensible, upon the steady adher-
ence to its original principles, and a wise improvement
of the advantages with which we are indulged by the be-
nignant Providence of the Supreme Ruler of Nations.

That the prospority of a people essentially depends on
purity of manners and the practice of the moral virtues ;
and that a departure from these, followed with luxury and
dissipation, will produce evils destructive of the general
welfare, are truths which the history of every age will
evince and confirm.

While our fellow citizens shall continue to reverence
and support the religious, literary and moral institutions
of their ancestors, they will naturally be led to direct
their views to every object beneficial to the State ; and
with an united active patriotism will cheerfully acquiesce
in these measures which tend to multiply the conveniences

478 Resolves, 1801. — January Session.

of the people, maintain the credit, and enhance the char-
acter and importance of our common Country.

The observations of your Excellency on our system of
criminal justice, and the necessity of a State Prison, will
engage our particular notice ; Whether the fund created
by the sale of the military stores at Castle Island may not
with peculiar propriety be applied to this purpose, shall
employ our deliberate consideration. Policy points to the
reform, and humanity, to a suitable provision for the em-
ployment of those desperate men whose outrages on the
peace and safety of Society, have justly deprived them of
its rights.

While we express, Sir, our perfect confidence in your
assurance of a prompt concurrence in every legislative act
that can promote the public welfare, we cannot but sub-
scribe to the justness of the sentiments, that too frequent
alterations of the laws are attended with weighty incon-
veniences ; they excite an idea of inconstancy and uncer-
tainty in the acts of Government & of course a disrespect
to its injunctions.

The very interesting subject of the Valuation will nec-
essarily engross much of our time, and we trust that such
a spirit of concession and candour will prevail in the dis-
cussion of this complicated business as to facilitate its
completion, and that at the conclusion of the session we
shall separate with a consciousness of having made the
public good, and the best interests of our constituents,
the great objects of our attention. January 19, 1802.

ANSWER OF THE HOUSE OF REPRESENTATIVES TO THE GOV-
ERNOR'S SPEECH AT THE OPENING OF THE SESSION.

May it please your Excellency,

We reflect with the highest satisfaction, that public
peace and social order continue to be preserved through
the state, and we contemplate with pleasure the rapid in-
crease of our population the flourishing state of our
agriculture and consequent extention of our commerce.
These blessings we consider as the fruits of the happy
systems of Government, state & national, which through
the peculiar favor of Divine Providence we are permitted
to enjoy. Governments founded on the representative
principle, where the Officers who administer them are the
objects of the choice and confidence of the majority of

Resolves, 1801. — January Session. 479

the people, where the Electors, and those elected to office
have one common interest, and where equal protection is
afforded to the person and property of every individual,
— under such Governments, and Laws thus made, every
interruption of social order would be a disturbance of the
general happiness, and every breach of public peace a
violation of civil liberty.

We concur with your Excellency in the belief that the
preservation of these Governments and the continuance
of our happiness under them most essentially depend on
the practice of all the moral and social virtues. To pro-
mote this object it becomes the duty of the Legislature,
by the tendency of their laws to confirm and extend the
habits of industry, temperance and frugality among the
people to advance the interests of agriculture and the val-
uable mechanic arts, to encourage individual enterprise in
works oi* public utility ; to support and cherish our relig-
ious and literary institutions ; to protect the sacred rights
of conscience, and finally to preserve the union of our
confederated Republics, as the anchor of our present
hope, and the ark of our ultimate security as a nation.

We cannot but flatter ourselves, that while the precepts
of our laws shall continue to promote virtue and discour-
age vice, to enlighten, inform and employ the public mind
the increase of wealth in the State will not as in the ancient
Republics, corrupt the manners and destroy the freedom
and happiness of the people; but will, under wise and
frugal administrations of our State and Federal Govern-
ments, be directed to useful purposes, and contribute to
the strength harmony and security of the whole. But if
the melancholy period must arrive, when the majority of
the people thus blessed with the privilege of self govern-
ment and thus secured in the enjoyment of it by internal
strength, and the genius of laws which are an appeal to
their reason and not to their fears, a guard to their vir-
tues, and a check only to their vices, shall neglect to
practice what their laws inculcate, they will indeed be lost
to all sense of their own happiness, and inevitably fall
with their liberties a prey to despotism.

With the increase of inhabitants we must naturally ex-
pect that crimes will proportionably multiply, unless from
an improvement in legislation and the amelioration of the
penal code it should be found practicable to create new
impressions on the minds of that miserable class of the

480 Resolves, 1801. — January Session.

people, who are principally the objects of public punish-
ments or at least to oblige them to expiate their offences
by solitary labour, and thus restrain them from endanger-
ing society by a repetition of their crimes. To render
that part of our public laws, which relates to crimes and
punishments as perfect as may be, will therefore claim the
serious attention of this branch of the Legislature.

In the erection of public buildings, it has always been
the disposition of the House of Representatives, to finish
them in a style alike conducive to the honor of the State
and accommodating to the general convenience and abil-
ity of the people. The erection of a state prison for the
confinement of convicts to hard labour, has long been an
object of attention in this House ; and we feel obliged to
your Excellency for your particular statement of the prog-
ress of that establishment, and the suggestion of probable
funds to complete it, without any immediate additions to
the usual taxes.

The other subjects recommended in your Excelency's
communication, will be duly attended to on the part of
the House of Representatives.

Although the Valuation is a subject highly interesting
to the citizens of every part of the Commonwealth, yet
we trust that the spirit of mutual candour and condescen-
tion will so far prevail in deciding upon it, that it will be
completed with facility and to general satisfaction ; and
that at the close of the session we shall be able to reflect,
that by faithful exertions in the public service, we have
supported the reputation of the Government and promoted
the happiness of the people.

We cannot omit on the present occasion to offer to your
Excellency and the public our sincere congratulations
upon the return of peace in Europe, as an event in the
highest degree interesting to humanity, and favorable to
the ultimate establishment of those great principles, moral,
political and religious, on which the happiness of the
American People so essentially depends.

January 19, 1802.

Chapter 57.

RESOLVE FOR PAYING THE HON. JAMES SULLIVAN, 173 DOLLARS
81 CENTS, THE BALANCE OF HIS ACCOUNT, AND FOR ADVAN-
CING TO HIM 150 DOLLARS TO DEFRAY EXPENSES IN SUITS.

Whereas by a resolve passed on the twenty sixth Day
of June 1798 the sum of ninety seven dollars and twelve

Resolves, 1801. — January Session. 481

Cents and a further sum of Three hundred Dollars was ad-
vanced from the public Treasury to the Attorney General
to be expended for the service of the government in suits
on its behalf and whereas the said attorney General has
accounted for the same and there is now due to him a bal-
ance of one hundred & seventy three dollars & eighty one
Cents for expences of civil suits in behalf of the Common-
wealth and a further sum may be necessary to enable him
to defray similar expences : Therefore

Resolved that the sum of One hundred & seventy three
dollars & eighty one cents be paid him out of the public
Treasury to balance his account and that further sum of
one hundred and fifty Dollars be advanced him to defray
similar expences on behalf of the Commonwealth he to
render an Account of the same when required.

January 21, 1802.

Chapter 58.

RESOLVE ON THE PETITION OF JOHN PIERCE, OF POWNALBOR-

OUGH.

On the petition of John Pierce of Pownalborough in the
County of Lincoln, setting forth, that he and one Anthony
Nutter were possessed in equal halves of a certain tract
of land, or farm lying in said Pownalborough containing
about one hundred acres bounded Southeasterly on Fin-
ley's Creek, so called, Northwesterly on Jewanke Creek,
so called, Southwesterly on land belonging to Joshua
Young & Northeasterly on land belonging to the heirs of
David McKenny deceased, of which said lands they have
been legally dispossessed by an action at law by the heirs
of the Revd. Christopher Toppan late of Newbury deceased,
whereupon they agreed to purchase the said land of said
Toppan's heirs, and the said Nutter was employed by the
said Pierce to purchase the same and received one half the
purchase money of the said Pierce for that purpose, and
was to take the deed of the whole in his own name and
afterwards to convey one half to the said Pierce, but was
prevented from making said conveyance by death.

Resolved that Betsy Nutter widow of said Anthony
Nutter late of Pownalborough aforesaid deceased be and
she hereby is fully authorized & empowered to make and
execute a good and sufficient deed of the one half of the
said tract of land, that the said John Pierce has occupied
and still occupies, with Warranty, to the said John Pierce

482 Resolves, 1801. — January Session.

his heirs and assigns, which shall be considered as valid &
effectual in law to convey the said half of said tract of
land to the said John Pierce, as any deed thereof would
have been if duly executed by the said Anthony in his
life time, according to the agreement and understanding
aforesaid between him & the said John Pierce.

January 21, 1802.

Chapter 59.

RESOLVE ON THE PETITION OF CALEB GANNETT AND JOHN
MELLEN, EXECUTORS OF THE WILL OF THOMAS BRATTLE.

Upon the Petition of Caleb Gannett & John Mellen,
Executors of the last Will and Testament of Thomas Brattle
late of Cambridge in the County of Middlesex Esqr. de-
ceased, and Guardians to certain minors therein named,
praying leave for reasons set forth in their petition, to
exchange certain parts of the real Estate of the said
deceas'd therein described, and now belonging to the
Residuary Legatees who are minors, for certain other real
Estate lying in Cambridge, which will be more advan-
tageous to the Minors, & will be capable of division so as
to accomodate more of them, than the Estate they now
hold will do :

Resolved, that said Executors and Guardians be and
hereby are impowered to make the exchange prayed for,
and to make and execute good and sufficient deed or deeds
thereof to the purchaser, which shall be as effectual in
Law as if the same Estate was Sold at Public auction for
money ; and that they be, and hereby are authorised to
receive in exchange, other real Estate in the Town of
Cambridge of the same or nearly equal value and more
capable of division, and the Estate so received in Ex-
change, shall go and belong as directed in said Will, and
be subject to the same rules of partition, settlement or
Sale as would apply to the Estate left by the deceasd.
provided nevertheless that the Exchange be made agre-
able to an appraizment by three impartial Men, to be
appointed by the Judge of Probate for the County of
Middlesex, and to be under Oath, and that the appraiz-
ment comprehend the Estate of the Deceased now pro-
posed to be exchanged, & also that which the Executors
expect to receive therefor, & that such appraizment be
accepted & allow'd, by said Judge, & provided also that
the said Judge, do certify thereon his approbation of the

Resolves, 1801. — January Session. 483

intended Exchange ; the said appraizment & approbation
to be entered on the Records of the probate Office, & to
be made previous to the Execution of the deeds. And
whereas the most advantageous adjustment of the Lotts of
Real Estate to be received by the said Executors may
leave a ballance in favour of one of the contracting parties :
therefore

Resolved, that the said Executors be impowered, as the
case may require, either to pay or receive such ballance in
personal Estate, Provided the ballance shall not exceed
a tenth part of the appraized value of the Estate given in
exchange by said Guardians. January 21, 1802.

Chapter 60.

RESOLVE ON THE PETITION OF JOHN BOSSON, DIRECTING THE
ATTORNEY GENERAL TO DEFEND THE SAID BOSSON IN A
SUIT BROUGHT AGAINST HIM BY JAMES MARTIN.

On the Petition of John Bosson, praying to be indemni-
fied against the Costs and Damages of a Suit, brought
against him by James Martin for the Recovery of a certain
confiscated Estate, described in his Petition, which was
sold to him under the Warranty of this Commonwealth.

Resolved, That the Attorney General be, and he hereby
is directed to appear for, and defend the aforesaid Suit in
behalf of said Bosson, in any Court or Courts of Law, to
final Judgement ; and to charge the Costs thereof to the
Commonwealth. January 22, 1802.

Chapter 61.

RESOLVE ON THE PETITION OF THE INHABITANTS OF LITTLE-
TON, REMITTING A FINE LAID ON SAID TOWN, AND DIRECT-
ING THE TREASURER TO CREDIT SAID TOWN.

On the petition of the Inhabitants of Littleton praying
for a remission of a fine assessed upon them by order of
the House of Representatives passed on the 25th day of
February a d 1800 for their neglect to send a Representa-
tive to the General Court in the year 1799.

Resolved for reasons set forth in said petition that the
prayer thereof be granted and that said fine amounting to
fifty one dollars eleven cents be remitted to said town and
the Treasurer of this Commonwealth is hereby directed
accordingly to credit said town with said sum in part
discharge of the taxes now due from them to said Com-
monwealth. January 23, 1802.

484 Resolves, 1801. — January Session.

Chapter 62.

RESOLVE ON THE PETITION OF PELETIAH BARTER, AND OTHERS,
EMPOWERING THE COMMITTEE FOR THE SALE OF EASTERN
LANDS IN THIS CASE.

Resolved that the Hon. John Read & Peleg Coffin
Esquires be and they are hereby directed to cause the
great Island of Holt to be laid out & surveyed in suitable
lots for the accomodation of Settlers & purchasers having
reference to the convenience of the fisheries which are or
may hereafter be carried on from the aforesaid Island &
to the settlements of Peletiah Barter, Henry Barter,
Robert Douglass, Alexander Nutter Ebenezer Leland,
Ebenezer Sawyer, Charles Kimpton Jonathan Carlton,

Smith, Robert Barter, Solomon Kimbal actual

settlers theron, & upon the return of the survey duly
sworn & authenticated by the surveyor to be employed by
the Committee aforesaid sell to the said actual settlers
aforesaid at a reasonable price under all circumstances
such lots as they shall be severally found to possess & in
such quantities as shall comport with the general sale &
settlement of said Island, reserving for public accomoda-
tions convenient & necessary landing places in the several
harbour[s] in said Island. January 30, 1802.

Chapter 63.

RESOLVE ON THE PETITION OF CALVIN WALDO AND OTHERS,
AUTHORIZING THEM TO MAKE SALE OF THE LOTS OF LAND
MENTIONED, IN DALTON.

Whereas it has been represented to this court by Cal-
vin Waldo John Chamberlin and Wm. Williams that Colo.
Israel Williams and deacon Obadiah Dickinson late of
Hatfield deceased, in March 1786, gave and conveyed by
deed to the deacons of the congregational church in Dal-
ton and their successors in that office the lots number fifty
three and fifty four in that town for the support and
maintenance of a learned gospel ministry in the congrega-
tional church and congregation in that town unalienably
forever, to accrue solely to the benefit of such as should
be inhabitants of that town and did or should usually meet
in the same assembly for publick worship, — and that the
said lots, by virtue of the conveyance aforesaid, do belong
to the church in the first parish in that town — And

Resolves, 1801. — January Session. 485

whereas the said Calvin Waldo John Chamberlin and
Wm. Williams have further represented that the said lots
are in such a situation as has hitherto rendered them
wholly unproductive, and will continue them much in the
same state for years to come — That there is now a pros-
pect, in case they should be sold, that other real estate
might be purchased with the proceeds of the sale which
would be immediately productive and better answer the
generous and pious intentions of the donors, and there-
fore pray, on behalf of the said Church and parish, that
this court would grant them leave to sell the same :
Therefore

Resolved, that the said Calvin Waldo John Chamberlin
& William Williams be, and they hereby are, authorised
and empowered to sell the said lots number fifty three and
fifty four in such manner as they shall judge best, and to
make and execute a good and sufficient deed, or deeds
thereof to the purchaser, or purchasers. Provided, how-
ever, and it is the meaning and order of this court that the
whole proceeds of the sale shall, as soon as may be, be
laid out in the purchase of other real estate in the said
parish, which shall be conveyed to and holden by the said
church, in the manner, with the limitations and for the
uses mentioned & specified in the deed of the said lots to
the deacons of the church in Dalton. January 30, 1802.

Chapter 64.

RESOLVE ON THE PETITION OF JAMES PATTEN AND OTHERS,
AUTHORIZING PARK HOLLAND, ESQ. TO RECEIVE APPLICA-
TIONS AND TO QUIET THE SETTLERS.

Upon the Petition of James Patten and others Inhabi-
tants of the Town of Hampden in the County of Hancock
shewing that they are settlers on land in said Town and
claiming to be quieted in their lots by force of a Resolve
of the General Court passed the 23d Feby. 1798 and
praying a Survey of their lots and that a price be affixed
to each.

Resolved That Park Holland Esq. Be and he is hereby
authorized as soon as may be to receive all applications
which may be made by said Petitioners or others claiming
to be quieted as Settlers by force of said Resolve, and to
fix a time & place for hearing & examining the appli-
cants upon the subject matter aforesaid and to enquire by
Witnesses under Oath or written Evidence duly sworn to

486 Resolves, 1801. — January Session.

& taken in due form of Law Whether such applicants or
any of them are Settlers within the meaning & Intent of
said Resolve — And the said Park Holland shall be first
duly sworn to the faithful discharge of the duty herein
imposed on him and shall give Seasonable and sufficient
Notice to the Heirs of the late Brigadier Waldo their
assigns or agent of the time & place of hearing as afore-
said.

And Be it further Resolved that if, after due examina-
tion had as aforesaid, such applicants or any of them shall
be found Settlers as aforesaid The said Park Holland is
hereby further authorized and directed to survey or cause
to be surveyed by himself or some surveyor with Chain-
men All first duly sworn each lot of a Settler so found as
aforesaid not exceeding one hundred acres to a lot to be
laid out so as best to include his improvements and be
least injurious to adjoining lands, and to make a Plan
thereof and thereon to Place the Settlers name and to affix
a Price or value to each lot estimating the same as if it
were in a State of Nature at the time of the appraisement,
To be paid by the Settler upon being quieted in his Pos-
session. Which Plan or Plans made as aforesaid with the
names & prices as aforesaid said Holland is to return into
the Treasurers Office of this Commonwealth on or before
the first day of February which shall be in the year of
our Lord One thousand eight hundred & three. And the
said Treasurer after such Return is hereby authorized in
Behalf of the Commonwealth to make and execute a Good
& sufficient deed or deeds of Release to each Settler so
found as aforesaid he paying or securing to be paid on or
before the first day of February a. d. 1804 the price or
value aforesaid. Provided always That all expences at-
tending said examination survey & Return & all other in-
cidental expences be paid by & defreyed by the said
applicants in such manner & proportion as the said Hol-
land shall direct. January 30> 1802.

Chapter 65.

RESOLVE ON PETITION OF JAMES FALES, AUTHORIZING THE
QUARTER MASTER GENERAL TO DELIVER TO HIM 45 POUNDS
OF POWDER.

On the Petition of James Fales praying for an allow-
ance for a Quantity of Powder expended at a Brigade
Review in the Year 1800.

Resolved that the Quarter Master General be Author-

Eesolves, 1801. — January Session. 487

ized and directed to deliver to the said James Fales forty
five pounds of powder, being the quantity the Company
of Artilery under his Command expended as aforesaid.

January 30, 1802.

Chapter 66.

RESOLVE ON THE PETITION OF NATHANIEL WILSON AND
OTHERS, AUTHORIZING THE INHABITANTS OF THE SECOND
PARISH IN FALMOUTH, WITH THE CONSENT OF THE MINIS-
TER, TO SELL THE LOT OF LAND MENTIONED.

On the petition of Nathaniel Wilson & others, a Com-
mittee in behalf of the Inhabitants of the second Parish
in Falmouth, in the County of Cumberland, praying for
liberty to sell & dispose of a lot of land in said town, ap-
propriated to the use & improvement of a Congregational
minister in said Parish.

Resolved for reasons set forth in said petition, that the
prayer thereof be so far granted, that the Inhabitants of
the said second Parish in Falmouth, be and hereby are
authorised, (with the consent of the reverend Caleb Brad-
ley, the Congregational Minister of the said Parish,) to
sell and dispose of the lot aforesaid, and that the net
proceeds of the said sale be, and forever hereafter con-
tinue vested in some of the Public funds of the United
States, or of this Commonwealth, or mortgage of real estate,
& the Interest arising therefrom be applied towards
the support of the Congregational minister in said Parish
forever, in addition to his stated salary.

It is also further Resolved that the Parish Clerk of the
said Parish, and the Clerk of the Church therein, shall
severally procure from the Secretary, an attested Copy of
this Resolve, & enter the same at full length on the Rec-
ords of said Parish, and of the said Church respectively,
and preserve the same on the files in their respective offices,
in order that the sale and appropriation aforesaid, may be
known, and the application thereof better secured in
future. February 1, 1802.

Chapter 67.

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN
OF LEE, AUTHORIZING THE TREASURER TO CREDIT THE SUM
CHARGED TO THE SAID TOWN.

On the Representation of the Select-Men of the Town
of Lee in the County of Berkshire, stating that said Town

488 Resolves, 1801. — January Session.

had expended the sum of Two hundred and Seventy dol-
lars and forty Cents. Remitted to them by a Resolve of
the General Court of the 13th June 1801 being the pro-
portion of the State Tax Assessed against said Town ex-
clusive of Representatives pay.

Resolved that the Treasurer, be, and he hereby is Au-
thorized and directed to Credit the sum charged to the
said Town of Lee as aforesaid — They having given satis-
factory evidence that the same has been prudently ex-
pended and applied for the building of Bridges and
repairing Roads in said Town agreeable to said Resolve of
June 13, 1801. February 2, 1802.

Chapter 68.

RESOLVE REMITTING THE FINES LAID ON THE TOWNS OF
BOOTHBAY AND LONGMEADOW, FOR NOT SENDING REPRE-
SENTATIVES FOR THE YEAR 1799.

Whereas the Towns of Boothbay and Longmeadow
were fined for not sending a Representative to the General
Court in the year of our Lord one thousand seven hundred
and ninety-nine :

Resolved, For reasons set fourth by representations from
said Towns, That said fines be remitted, and the said
Towns are hereby discharged from paying the same, any
resolve or order to the contrary notwithstanding ; and if
any part of said fines have already been paid into the
treasury, the money so paid shall be reimbursed out of the
treasury to the inhabitants of said Towns who may have
paid the same respectively. And His Excellency the Gov-
ernor is requested to draw his Warrant for the payment
thereof accordingly. February 2, 1802.

Chapter 69.

RESOLVE ESTABLISHING THE PAY OF THE COUNCIL, SENATE
AND HOUSE OF REPRESENTATIVES — AND EXTRA PAY TO THE
PRESIDENT AND SPEAKER.

Resolved, that their be allowed and paid out of the
Treasury of this Commonwealth, to each Member of the
Council, Senate and House of Representatives, Two Dol-
lars pr. day for each Days attendance the present Session,
and the like sum for every ten Miles distance from their
respective places of abode, to the place of the setting of
the General Court.

And be it further, Resolved, that their be paid to the

Resolves, 1801. — January Session. 489

President of the Senate, and Speaker of the House of
Kepresentatives, each two Dollars pr day, for each and
every days attendance, over and above their pay as Mem-
bers. February 9, 1802.

Chapter 71.*

RESOLVE ON THE PETITION OF NATHAN TORREY, OF PAR-
TRIDGEFIELD, IN THE COUNTY OF BERKSHIRE, THAT UPON
CONDITION THE ADMINISTRATOR IS AUTHORIZED TO CON-
VEY CERTAIN LAND.

On the Petition of Nathan Torrey of Partridgefield in
the County of Berkshire, stating, that, on the sixteenth
day of October in the Year one thousand seven hundred
& sixty nine, Elisha Jones late of Weston in the County
of Middlesex Esqr. deceased, contracted with the said
Nathan to convey to him the easterly half of Lot number
six in said Partridgefield upon the payment of a sum of
money, the greatest part of which he has paid ; & is
ready to pay the residue to the Administrator of the said
Elisha, & praying that the said Administrator may be
impowered to convey to the said Nathan the land aforesd.

Resolved, that upon the sd. Nathan's paying to Israel
Jones Esqr. Administrator of the Estate of the said Elisha
Jones, the money now due on the contract aforesd., the
said Administrator be & he hereby is authorized to con-
ve}' the easterly half of the lot number six aforesd. to the
said Nathan, to hold the same to him his Heirs & Assigns
in fee simple, and to make & execute a good & sufficient
deed for that purpose — and that the money so paid to the
said Administrator shall be Assets in his hands.

February 12, 1802.

Chapter 72.

REPORT RESPECTING THE FUNERAL ARRANGEMENTS OF THE
LIEUTENANT GOVERNOR.

The Committee of both Houses to whom was committed
His Excellency's communication announcing the death of
His Honor the Lieutenant Governor — ask leave to report
the following funeral arrangements for paying that tribute
of esteem and respect so justly due to the merit of his
public services. D. COBB, $> order.

* Chapter 70 in session pamphlet is a message from the Governor announcing
the death of the Lieutenant Governor, and is to be found among the messages.

490 Resolves, 1801. — January Session.

That His Excellency the Governor, with the Honorable
Council, the President of the Senate, and the Speaker of
the House of Representatives be requested to attend the
funeral at Andover.

That on the day of interment divine service should be
performed by the Chaplains of the two Houses, at the
Old Brick Meeting House in this Town ; and that the
members of both branches of the Legislature meet in their
respective chambers, and at twelve of the Clock walk in
procession from the State House to the Meeting House,
to attend the same ; and that all Legislative business be
suspended on that day.

That His Excellency the Governor be requested to or-
der minute guns to be fired in the town of Boston from
the hours of two to four of the clock in the afternoon on
the day of the funeral : and that the Selectmen of Boston
be requested to direct the tolling of the Bells of the town
during the same time.

That His Excellency the Governor, the Honorable
Council and each member of the Legislature wear a piece
of black crape on the left arm on the day of the funeral,
and from thence to the end of the present Session.

The Committee take leave to add, that they had pro-
posed a recommendation that the funeral solemnity of the
deceased should be accompanied with those military hon-
ors which have been usual on similar occasions — but on
information received that the Lieutenant Governor, in the
last stages of his illness had expressed an earnest desire
that there might be no display of military parade at his
interment — the Committee therefore have omitted making
this a part of their report. Read and accepted.

February 13, 1802.

Chapter 73.

ORDER DIRECTING THE SECRETARY TO NOTIFY THE GOV-
ERNOR AND OTHERS, &c.

Ordered that the Secretary inform His Excellency the
Governor, the Hon'ble Council, the Chaplains of both
Houses, and the Selectmen of the town of Boston of the
funeral arrangements adopted by the General Court for
His Honor the Lieutenant Governor.

February 13, 1802.

Resolves, 1801. — January Session. 491

Chapter 73a.*

RESOLVE ON PETITION OF THE TOWN OF PORTLAND, MAK-
ING VALID A CERTAIN SALE AND CONVEYANCE.

On the Petition of the Inhabitants of the Town of Port-
land, in the County of Cumberland, praying that the sale
and conveyance of a certain lot of land situated in said
Portland and bounded as follows, viz ; beginning at a
stake standing South, thirty eight degrees east, four rods
from the southerly corner of Mr. Jones' House, thence
easterly, by the road, twelve rods and twelve links, to a
lot of land, which Daniel Ilsley Esquire lately purchased
of Nathaniel Coffin, thence southeasterly, by said Ilsley's
lot, and on the same course with the southeasterly side
thereof to another road or tovvnway lately laid out,
thence westerly by the road or way last mentioned, to a
stake standing on the northwesterly side of said way
on a course south sixteen Degrees east from the bounds
first mentioned, thence (that is from said stake) to the
said bounds first mentioned, made to them, the said In-
habitants of said Portland by Nathaniel Coffin, of said
Portland, Physician, as Attorney to Jeremiah Coffin, then
of said Portland, Mariner, on the tenth day of May,
Anno Domini, 1791, by his deed bearing that date, may
be made good and valid, so that the said Inhabitants may
take and hold all the estate the said Coffin was empowered
to convey, and that the said Inhabitants of said Town be
empowered to make sale of the said lot and the work-
house thereon, and to purchase any other lot or parcel of
land, which may be found more convenient & suitable for
the purpose of a work house ;

Resolved, that the said sale, & conveyance be, and the
same is hereby, made good and valid, so far as respects
the capacity of the said Inhabitants of said Town to take
and hold said land, as their corporate estate, according to
the true intent & meaning of said deed of conveyance,
and that said Inhabitants be empowered to sell & convey
their estate in said land, by a committee or agents thereto
to be appointed by said Town, and to purchase & hold
any other lot or parcel of land, which shall be found more
convenient & suitable for the purpose of erecting a Work
house thereon. February 16, 1802.

* This resolve was omitted bv the Clerk of the Senate, in the session pamphlet,
and endorsed by him to that effect.

492

Resolves, 1801. — January Session.

Chapter 74.

RESOLVE DIRECTING THE SECRETARY TO CERTIFY A BAL-
ANCE DUE TO JOHN WORSTER, A SOLDIER IN THE SEV-
ENTH MASSACHUSETTS REGIMENT.

On the Petition of John Worcester Soldier in the Sev-
enth Massachusetts Regiment in the late American Army-
Praying for the Ballance due to him for his service.

Resolved that the Secretary be and herby is directed
to Certify to the Governor & Council the sum due on the
Army Books to the said John Worcester and his Excel-
lency the Governor — by & with the advice & consent of
Council is hereby authoriz'd to Issue his Warrant for the
Same and the Treasurer is herby directed to Isue his Note
to the said John Worcester for the sum which shall be
found due to him as aforsaid in the same way & manner
as other soldiers were paid. February 17, 1802.

Chapter 75.

RESOLVE ON THE PAY ROLL OF THE COMMITTEE OF THE
GENERAL VALUATION OF THE STATE.

Pay Roll of the Committee appointed by a Resolve of
the 16th of June 1801, on the subject of a general valua-
tion of the State.

No. of

Amount

Days'

Amount

Total amount

NAMES.

miles

attend-

of travel

travel.

ance.

attendance.

and attendance.

Dols. Cts.

Tompson J. Skinner, .

150

156 75

186 75

Simon Frye,

160

189 75

221 75

James Bowdoin, .

137 50

Beza Hayward, .

178 75

184 75

Thomas Hale,

181 50

195 50

Nathaniel Dummer,

195

167 75

206 75

John Ellis, Jun. .

173 25

179 25

Aaron Hill, .

184 25

Hugh McLellan, .

120

176

200

Enoch Titcomb, .

173 25

182 25

Benjamin Austin, Jr. .

137 50

Nathan Rice,

112 75

116 75

Benjamin Pickman,

110

114

Nathaniel Wade, .

167 75

174 75

Nathaniel Thurston, .

Samuel Hoar,

3 20

170 50

173 70

Joseph Heald,

192 50

201 50

Nathaniel Hall, .

143

James Taylor,

108

21 60

151 25

172 85

Samuel Porter,

100

178 75

198 75

Resolves, 1801. — January Session.

493

No. of

Amount

Days'

Amount

Total amount

NAMES.

wiles

attend-

of travel

travel.

ance.

attendance.

and attendance.

Dols. Cts.

Robert Field,

140 25

156 25

Kilborn Whitman,

Nathaniel Wells .

100

176

196

Isaiah L. Greene, .

189 75

204 75

Micajah Coffin,

135

192 50

219 50

Rufus Whitmarsh,

8 60

178 75

187 35

Holder Slocum, .

192 50

205 50

Jonas Kendall,

9 60

140 25

149 85

Aaron Marsh,

178 75

188 75

Isaac Gregory,

176

191

Thomas Ives,

150

101 75

131 75

Nathaniel Coit Allen, .

150

192 50

222 50

Lothrop Lewis, .

130

165

191

Mark L. Hill,

175

145 75

180 75

David Payson,

184

36 80

140 25

177 05

Edward H. Robbing, .

134 75

136 75

John Chandler,

180

176

212

Oliver Leonard, .

305

148 50

209 50

Martin Kinsley, .

300

192 50

252 50

679 80

6044 50

6724 30

Resolved, that there be allowed and paid out of the
Treasury of this Commonwealth, to the several persons
members of the Committee of valuation, named in the
foreooing Roll, the several sums therein annexed to their
respective names, in full compensation for their travel and
attendance as members of said Committee. And His Ex-
cellency the Governor is hereby requested to draw his
Warrant on the Treasury for the payment of said sums
accordingly. February 17 ', 1802 '.

Chapter 76,

RESOLVE OF A GRANT TO JACOB KUHN.

Resolved that there be allowed & paid out of the Treas-
ury of this Commonwealth to Jacob Kuhn, Messenger of
the General Court the sum of One hundred Dollars to
enable him to pay for fuel & other necessaries purchased
for the use of said Court, he to be accountable for the ex-
penditure of the same. February 18, 1802.

Chapter 77.

RESOLVE OF A GRANT TO ISAAC PEIRCE, MESSENGER TO THE
GOVERNOR AND COUNCIL.

Resolved that there be paid out of the Public Treasury
of this Commonwealth, to Isaac Peirce Messenger to the

494 Resolves, 1801. — January Session.

Governor and Council the sum of one hundred Dollars,
to enable him to purchase fuel and other necessary articles
for the Council Chamber and Secretary's Office — He to
be accountable for the expenditure of the same.

February 18, 1802.

Chapter 78,

RESOLVE FOR HAMPSHIRE COUNTY TAX, AND ALLOWANCE OF
THE ACCOUNTS OF THE COUNTY TREASURER.

Whereas the Treasurer of the County of Hampshire,
has laid his accounts before the General Court, in the
manner prescribed by Law, which accounts have been
allowed : And Whereas the Clerk of the Court of General
Sessions of the Peace for the said County of Hampshire
has exhibited an estimate, made by the said Court, of the
necessary charges, likely to arise within the said County
for the ensuing year, amounting to Three thousand six
hundred Dollars :

Resolved that the sum of Three thousand and six hundred
Dollars, be & hereby is granted as a tax for the said
County of Hampshire, to be apportioned, assessed, paid,
collected & applied for the purposes aforesaid, according to
Law. February 18, 1802.

Chapter 79.

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS FOR
THE COUNTY OF CUMBERLAND, AND GRANTING A TAX.

Whereas the Treasurer of the County of Cumberland,
has laid his accounts before the General Court, in the
manner prescribed by Law, which accounts have been
allowed : And the Clerk of the Court of General Sessions
of the Peace, has exhibited an estimate made by the said
Court of General Sessions of the Peace for the said County
of Cumberland, of the debts due from, and of the neces-
sary charges likely to arise within the said County for the
year ensuing, amounting to Two thousand & four hundred
Dollars :

Resolved that the sum of Two thousand, and four hun-
dred Dollars, be and hereby is granted as a Tax for the
said County of Cumberland, to be apportioned, assessed,
paid, collected, and applied, for the purposes aforesaid,
according to Law. February 18, 1802.

Resolves, 1801. — January Session. 495

Chapter 80.

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS FOR
THE COUNTY OF WASHINGTON, AND GRANTING A TAX.

Whereas the Treasurer of the County of Washington
has laid his accounts before the General Court, in the
manner prescribed by law, which accounts have been
allowd, And Whereas the Clerk of the Court of General
Sessions of the Peace for the said County of Washington
has exhibited an Estimate, made by the said Court of the
necessary charges likely to arise within the said County
for the ensuing year, amounting to One thousand, One
hundred and thirteen Dollars :

Resolved that the said sum of One thousand One hun-
dred & thirteen Dollars, be and hereby is granted as a
Tax for the said County of Washington, to be appor-
tioned, assessed, paid, collected, and applied, for the pur-
poses aforesaid according to Law. February 18, 1802.

Chapter 81.

RESOLVE ON THE PETITION OF ISAAC KNEELAND AND OTHERS
AUTHORIZING THE TREASURER OF THE COUNTY OF BERK-
SHIRE, TO PAY A SUM OF MONEY TO SAID PETITIONERS.

On the Petition of Isaac Knecland, Elijah Owen Junr.,
Roderick Norton, Isaac Loveland, Paul Larkum, Stephen
Pelton & Moses Cook, praying that for their exertions &
expences in apprehending and prosecuting Simeon Gran-
ger, James Roberts & others for making & passing coun-
terfeit dollars, the said Petitioners may be allowed a com-
pensation out of the monies accruing to the Commonwealth
from the forfeiture of the recognizances of the said Simeon
Granger & James Roberts & their several sureties.

Resolved that the Treasurer of the County of Berkshire
be & he hereby is authorized & directed to pay to the
said Petitioners the sum of one hundred & thirty three
dollars, out of the monies which now are or hereafter may
be collected & paid to the said Treasurer upon the Re-
cognizances aforesaid — the said sum to be equally divided
among the said Petitioners. February 18, 1802.

496 Resolves, 1801. — January Session.

Chapter 82.

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS
FOR THE COUNTY OF KENNEBECK, AND GRANTING A TAX.

Whereas the Treasurer of the County of Kennebeck,
has laid his accounts before the General Court, in the
manner prescribed by Law, which accounts have been
allowed : And Whereas the Clerk of the Court of General
Sessions of the Peace for the said County of Kennebeck,
has exhibited an estimate, made by the said Court, of the
necessary charges, likely to arise within the said County,
for the ensuing year, amounting to Five thousand, Eight
hundred, & ninety nine Dollars, & fifty nine cents :

Resolved that the said sum of Five thousand, Eight
hundred & ninety nine Dollars & fifty nine cents, be and
hereby is granted, as a Tax for the said County of Kenne-
beck, to he apportioned, assessed, paid, collected, and
applied, for the purposes aforesaid, according to Law.

February 18, 1802.

Chapter 83.

RESOLVE ON THE PETITION OF NATHANIEL TOMPSON, AU-
THORIZING NATHANIEL T. MERRILL TO EXECUTE A DEED
OF RELEASE OF THE LAND MENTIONED.

On the Petition of Nathaniel Tompson of Falmouth,
in the County of Cumberland, Gentleman, stating that
the said Tompson on the eighteenth day of february a. d.
1792, made executed & delivered to Enoch Merrill, late
of said Falmouth, Mariner, deceased, a certain Deed
whereby he the said Tompson conveyed to the said
Merrill two pieces or parcels of land, as described in said
deed ; & that the said Merrill, on the first day of february
a. d. 1796, by an Instrument, not under seal, signed by
the said Merrill promised the said Tompson to give up &
relinquish to the said Tompson all the right & title which
he the said Merrill had derived from the said Deed, to the
land aforesaid ; provided he the said Tompson should pay
a certain Note of hand described in the obligation signed
by the said Merrill ; and further stating that the said Note
was duly paid by the said Tompson, in the life time of
the said Merrill, but that the said Merrill was prevented
by death from releasing his right to the Said land ; &
praying that Nathaniel T. Merrill of said Falmouth, Ad-

Resolves, 1801. — January Session. 407

ministrator on the estate of the said Enoch Merrill, may
he authorized to make & execute a Deed of Release or
Quit claim to the said Tompson of all the right & Title
which the said Enoch derived from the said Deed to the
land aforesaid.

Resolved ; that for the reasons set forth in said Petition,
the prayer thereof be, & the same is hereby granted; &
the said Nathaniel T. Merrill be, & is hereby authorized
& empowered to make execute & deliver to the said
Nathaniel Tompson a Deed of Release or Quitclaim of
all the right & title which the said Enoch Merrill had in
& to the said pieces of land by virtue of the Deed afore-
said. February 19, 1802.

Chapter 84.

RESOLVE ON THE PETITION OF ARODI THAYER, IN BEHALF OF
THE PROPRIETORS OF THE KENNEBECK PURCHASE, AUTHOR-
IZING THE COMPANY TO QUIET THE SETTLERS ON SAID LANDS,
AND EMPOWERING THE GOVERNOR, WITH ADVICE OF THE
COUNCIL, TO APPOINT COMMISSIONERS TO ADJUST AND
SETTLE ALL DISPUTES BETWEEN SAID PROPRIETORS AND
THE SETTLERS ON SAID LANDS.

On the Petition of Arodi Thayer, in behalf of the Pro-
prietors of the Kennebec purchase from the late Colony
of New Plymouth, praying for leave to sell and dispose
of certain of their lands for the quieting of settlers ; and
for the establishing Commissioners to quiet all such set-
tlers as shall agree to submit themselves to their authority ;
and to fix and determine on the terms upon which they
shall be so quieted. And the Legislature being desirous
to promote the laudable and liberal application of the
Ptyrnouth Company to bring to a peaceable and final close
all matters not adjusted by its agent with the settlers on
the undivided lands by a submission of the same to three
disinterested Commissioners : Therefore

Resolved, that the Proprietors of the common and un-
divided lands belonging to the Plymouth Company so
called, be and they hereby are authorised and impowered
by their agent or agents, duly appointed & authorised for
that purpose, at any legal meeting of said Proprietors, to
compromise and settle with such persons, or each or any
of them who may have entered upon any of said lands,
and made improvements thereon ; and by deed under the
hands and seals of such agents sell and convey to such

498 Kesolves, 1801. — January Session.

person or persons any portion or portions of said lands
which they may think best, and on such terms as the
parties may agree ; and after payment of all such taxes
and charges as may be due from any Proprietor, to divide
and pay over to every proprietor his share of the residue
of the money arising from such settlement and sale accord-
ing to his proportion of the lands. And all such sales
shall be as valid in Law as if the deed thereof had been
executed by every individual Proprietor, or his or her
legal representative.

And whereas it is conceived that a final compromise
and settlement of the claims of the said Proprietors with
such persons as have intruded upon such common and un-
divided lands, will have a tendency to promote the peace
and quiet of that part of the State. And the said Pro-
prietors having on their part assured the Commonwealth
that they are willing to submit the terms of compromise
with such persons as have set down on their said lands,
and shall not have settled with said company or their
agent, to such Commissioners as shall be appointed under
the authority of this Government :

Therefore it is further Resolved that the Governor with
the consent of the Council be and he hereby is authorised
and requested to nominate and commission three disinter-
ested persons to adjust and settle all disputes between
said Proprietors and any such person or persons, their
heirs or assigns as have not settled with said Proprietors
or their agents. And the said Commissioners in settling
the terms aforesaid for quieting any settler in the posses-
sion of one hundred acres of land laid out so as to include
his improvements, and be least injurious to adjoining
lands, shall have reference to three discriptions of set-
tlers vizt. those settled before the war with Great Britain ;
settlers during the war aforesaid, and settlers since that
period, or to any person whose possession has been trans-
ferred to claimants now in possession. And award such
compensation and terms of payment to the Proprietors as
shall appear just and equitable. And said Commissioners
shall repair to the land in dispute and give due notice of
the time of their meeting by the twentieth day of Septem-
ber next ; and thereupon proceed and complete the pur-
pose of their Commission as soon as may be, and make
their report in writing under their hands and seals, or
under the hands and seals of a major part of them, into
the office of the Secretary of this Commonwealth, who

Resolves, 1801. — January Session. 499

shall make out true and attested copies of the report, one
for the said Proprietors, and the other for the said settlers.
And all reference by the settlers to the said Commissioners
shall be in writing signed by the settlers, their Agent or
Agents, Representative or Attorney ; and by the agent
of the Proprietors duly appointed and authorised for the
purpose by a vote passed at a legal meeting ; of the said
proprietors. And the Report of the said Commissioners
made, executed and transmitted into the Secretary's Office
as aforesaid, shall be final between the parties referring as
aforesaid. And it shall be the duty of the Agent for said
proprietors to make & execute such deeds of conveyance,
upon performance of the conditions awarded as may be
necessary to give full effect to the report of said commis-
sioners, which deed shall be as valid in law as if the same
was executed by every individual proprietor, or his agent
or legal representative ; And all monies recieved by said
proprietors or their agent in virtue of said proceedings
shall be disposed of to the use of the several proprietors in
the same manner as is provided by this Resolve in case of
settlement by said proprietors without submission to said
commissioners. Provided that the parties interested in
this Resolve shall on or before the first day of November
next submit themselves to the Reference aforesaid, other-
wise they shall not be entitled to any of the provision or
benefit of this Resolve.

And whereas the peace, happiness and prosperity of a
large and promising territory seems greatly to depend on
an amicable settlement of existing controversies and dis-
putes which tend to public discord & private animossity, a
submission to the Commissioners to be appointed as afore-
said is earnestly recommended to all settlers on the lands
aforesaid, and all others interested, who wish hereafter to
be considered as friends to peace, good order and the
Government of the Commonwealth. And all expences
and incidental charges of the aforesaid Commission shall
be paid one half by the Commonwealth, and the other
half by the said Proprietors. February 19, 1802.

Chapter 85.

RESOLVE ON THE MEMORIAL OF AMASA SMITH, GRANTING II1M
BOO ACRES OF LAND IN THE DISTRICT OF MAINE.

On the Memorial of Amasa Smith praying some com-
pensation for his extraordinary military services.

500 Resolves, 1801. — January Session.

Resolved That there be granted to the said Amasa Smith
Five Hundred Acres of the unappropriated lands in the
district of Maine on the eastern boundary of the Common-
wealth the same to be laid out under the direction of the
Hon. Jno. Read & Peleg Coffin Esqrs.

February 19, 1802.

Chapter 86.

RESOLVE ON THE PETITION OF SETH JOHNSON, DIRECTING THE
TREASURER TO ISSUE A NEW LOAN NOTE, WITH A PROVISO.

On the petition of Seth Johnson of Halifax in the State
of Vermont, praying that the Treasurer maybe directed
to Issue new Notes in lieu of Two Notes which were lost
in the destruction of his House by tire.

Whereas it is represented that the said Seth Johnson
by the disaster aforesaid, lost Two State Notes One No.
9794 to the said Seth Johnson in the sum of Twenty four
pounds four shillings, bearing date December 1st 1782 —
One other Army specie Note No. 2314 to Joseph Rumrill
in the sum of fifteen pounds Nineteen shillings and Nine
pence dated Jany. 1, 1780:

Resolved that the Treasurer of this Commonwealth, be
and he is hereby directed to Issue to the said Seth John-
son a New loan Note bearing five pr Cent Interest from
July 1st 1794 for the Amount of said Two Notes lost,
with Interest thereon due — to be ascertained by the
Treasurer to the said first of July. Provided the said
Seth Johnson shall give bond with sureties to the Accept-
ance of the Treasurer conditioned that he will indemnify
the Commonwealth against any claim or demand, which
may be made on Account of the Aforesaid Notes, so lost
as aforesaid. February 20, 1802.

Chapter 87.

RESOLVE ON THE PETITION OF LOVICE VINSON, OF EDGARTOWN,
AUTHORIZING THE EXCHANGE OF CERTAIN TRACTS OF LAND.

On the Petition of Lovice Vinson of Edgartown, in the
County of Dukes County, I^xecutrix of the last Will and
Testament of Nathan Donham, late of said Edgartown,
deceased, and Mother and Guardian to Nathan Donham
Vinson, a minor, praying to be authorised to exchange
two small tracts of land described in said Petition, the

Resolves, 1801. — January Session. 501

property of said minor for another tract of land also de-
scribed in said Petition, the property of Martin Pease.

Resolved, that the said Lovice Vinson, Guardian as
aforesaid, be and she hereby is authorised and impowered
to exchange with the said Martin Pease the two following
tracts of land, the property of said minor — the first con-
taining about seven acres of Marsh and upland — bounded
as follows — beginning by the water on the southerly part,
by land of Thomas Smith ; thence running northerly
partly by land of said Smith and George Dagget, to land
of the heirs of Joseph Donham, deceased ; thence west-
erly by the last mentioned land, to land of Peter Mer-
chant ; thence southerly by land of said Merchant to the
water, and from thence to the first mentioned bounds.
The other tract containing about four acres and one fourth
part of an acre, bounded as follows, beginning at a way
called the Indian's highway on the southeasterly side of
land belonging to Martin Pease ; thence by the said way,
southerly about thirty rods to other land of the said Peter
Merchant ; thence westerly by said Merchant's land, to
land of John Clark ; thence northerly by said Clark's land
to land of the said Martin Pease ; and thence easterly by
the last mentioned land, to the first mentioned bounds —
for sixteen acres of land, the property of said Martin
Pease, adjoining the homestead of the said Nathan Don-
ham, deceased, on the southwesterly part ; beginning by
the water on the south, and takes its breadth by the water,
and to run on a line parrallel northerly with the line of
the said homestead land, its full length to compleat the said
sixteen acres. And the said Lovice Vinson, on receiving
from the said Martin Pease a good and sufficient deed to
the said Nathan Donham Vinson his heirs and assigns of
the said sixteen acres of land last above described is hereby
authorised and impowered to make and execute to him the
said Martin Pease, a similar deed of the two tracts of land
first above described. February 20, 1802.

Chapter 88.

RESOLVE ON THE PETITION OF MARY FOWLE, PERMITTING HEB

TO RESUME HER FORMER NAME, MARY CAPKN.

Upon the Petition of Mary Fowle, of Watcrtown in
the County of Middlesex, shewing, that her original name
was Mar;/ Gapen : that by her intermarriage with Jere-

502 Resolves, 1801. — Januaky Session.

miah Fowle, of said Watertown, her name was changed
to Mary Fowle; that by a decree of the Supreme Court
of this Commonwealth at their Session in Cambridge in &
for said County of Middlesex, in October last, the bonds
of matrimony between her and the said Jeremiah were dis-
solved, for the reasons set forth in her libel against him;
& therefore praying that her original name of Mary
Capen may be restored, and she be hereafter called &
known by that name.

Resolved, that the said Mary may resume her said
original name of Mary Capen and hereafter be called &
known thereby. February 22, 1S02.

Chapter 89.

RESOLVE ON THE PETITION OF WILLIAM McGILL.

On the Petition of William McGill, of Standish, in the
County of Cumberland.

Resolved, for reasons set forth in said Petition, that the
Executors of the last Will & Testament of Benjamin
Titcomb, late of Portland in said County, deceased, be,
and they hereby are, authorized to execute a Deed of con-
veyance of lot no. two in the third Division of one hun-
dred acre lots in said Town of Standish, to said William
McGill, his heirs & assigns, on the payment of the con-
tents of the notes given by said William to said Benja-
min, for said land, dated June 24 a. d. 1793, & amount-
ing to sixty dollars, which deed shall be as good & effectual
in law to convey said lot of land, as if made & executed
by the said Benjamin. February 22, 1802.

Chapter 90.

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS FOR
THE COUNTY OF BARNSTABLE, AND GRANTING A TAX.

Whereas the Treasurer of the County of Barnstable
has laid his accounts before the General Court, in the
manner prescribed by Law, which accounts are hereby
allowed : And Whereas the Clerk of the Court, of General
Sessions of the Peace, for the said County of Barnstable,
has exhibited an estimate, made by the said Court, of the
necessary charges, likely to arise within the said County
for the year ensuing, amounting to One thousand, One
hundred & fifty Dollars :

Resolves, 1801. — January Session. 503

Resolved that the sum of One thousand, One hundred &
fifty Dollars, be and hereby is granted, as a Tax for the
said County of Barnstable, to be apportioned, assessed,
collected paid and applied, for the purposes aforesaid ac-
cording to Law. February 23, 1802.

Chapter 91.

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS FOR
THE COUNTY OF WORCESTER, AND GRANTING A TAX.

Whereas the Treasurer of the County of Worcester,
has laid his accounts before the General Court, in manner
prescribed by Law, which accounts are hereby allowed :
And Whereas the Clerk of the Court of General Sessions
of the Peace, for the said County, has laid before the
General Court an estimate, made by the said Court of
General Sessions of the Peace, for the said County, of
the necessary charges, likely to arise within the said
County, for the year ensuing, amounting to Three Thou-
sand Dollars :

Resolved that the sum of three thousand Dollars, be and
hereby is granted as a Tax for the said County of Worces-
ter, to be apportioned, assessed, collected paid and ap-
plied for the purpose aforesaid according to Law.

February 23, 1S02.

Chapter 92.

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS
FOR THE COUNTY OF NORFOLK, AND GRANTING A TAX.

Whereas the Treasurer of the County of Norfolk, has
laid his accounts before the General Court, in the manner
prescribed by Law, which accounts are hereby allowed :
And Whereas the Clerk of the Court of General Sessions
of the Peace for the said County of Norfolk, has exhibited
an Estimate, made by the said Court of General Sessions
of the Peace, for the said County of the necessary charges
likely to arise within the said County for the year ensu-
ing, amounting to Three Thousand Seven hundred. & fifty
Dollars :

Resolved that the sum of Three thousand seven hundred
& fifty Dollars, be and hereby is granted as a Tax, for
the said County of Norfolk, to be apportioned, assessed,
collected, paid, and applied, according to Law.

February 23, 1802.

504 Resolves, 1801. — January Session.

Chapter 93.

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS FOR
THE COUNTY OF YORK, AND GRANTING A TAX.

Whereas the Treasurer of the County of York has laid
his accounts before the General Court, in the manner pre-
scribed by Law, which are hereby allowed : And Whereas
the Clerk of the Court of General Sessions of the Peace
for the said County of York has exhibited an estimate,
maed by the said Court of General Sessions of the Peace,
of the debts due from, and of the necessary charges,
likely to arise within the said County for the Year ensu-
ing, amounting to Two Thousand Dollars ; and also for
the sum of One Thousand Dollars ; for the building a new
Goal in the said County :

Resolved that the sum of Three thousand Dollars be and
hereby is granted as a Tax for the said County of York,
to be apportioned, assessed, collected paid & applied for
the purposes aforesaid according to Law.

February 23, 1802.

Chapter 94.

RESOLVE FOR PAYING NATHANIEL THURSTON, ESQ. ONE OF THE
COMMITTEE ON THE VALUATION.

Resolved that the sum of one hundred & sixty three Dol-
lars & seventy five cents be allowed & paid out of the
Treasury of this Commonwealth to Nathaniel Thurston,
in full for fifty seven days attendance & thirty five Miles
Travel — as a member of the Committee of Valuation.

February 24, 1802.

Chapter 95.

RESOLVE ON THE PETITION OF BENJAMIN WHITMAN AND
OTHERS, AUTHORIZING THE GOVERNOR AND COUNCIL TO
RAISE A COMPANY OF ARTILLERY, IN THE FIRST BRIGADE,
IN THE FIFTH DIVISION OF MILITIA.

On the Petition of Benjamin Whitman and others, pray-
ing to be constituted and imbodied into a Company of
Artillery in the first Brigade in the fifth division of the
Militia of this Commonwealth.

Resolved, that the prayer of said petition be granted,
and that the Governor, with consent of Council be and he

Resolves, 1801.— ^ January Session. 505

is hereby authorised and empowered, to raise, complete,
and organise, a company of Artillery within the limits of
said Brigade, which shall be anexed to the other Artillery
Corps in said Brigade, and subject to all such rules and reg-
ulations as are or may be provided, for the government
of the Militia of this Commonwealth ; and that a Resolve
passed the thirty first day of January, in the year eighteen
hundred, on the petition of Benjamin Whitman & others
praying to be imbodied into a company of Cavalry in the
first Brigade in the fifth Division of the Militia of this
Commonwealth be, and the same is hereby repealed.

February 24, 1802.

Chapter 96.

RESOLVE ON THE PETITION OF THOMAS COOKE, LATE COL-
LECTOR OF EXCISE IN DUKES' COUNTY, AUTHORIZING THE
TREASURER TO DISCHARGE A BOND OF JULY 1, 1793.

On the Petition of Thomas Cooke late Collector of Ex-
cise in Dukes County setting forth that there was an
error in the Judgment Rendered against him in the Su-
pream Judicial Court holden at Boston in the County of
Suffolk at February term 1792 and praying for relief in
the premises.

Resolved for reasons set forth in said petition that the
said Thomas Cook be discharged from his bond dated
July the first 1793 Given to the Treasurer of this Com-
monwealth for the Sum of Forty Eight pounds fifteen
Shillings & One penny and the Treasurer is hereby
directed to discharge the same accordingly.

February 25, 1802.

Chapter 97.

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS FOR
THE COUNTY OF LINCOLN, AND GRANTING A TAX.

Whereas the Treasurer of the County of Lincoln has
laid his accounts before the General Court, in manner pre-
scribed by Law, which accounts are hereby allowed :
And Whereas the Clerk of the Court of General Ses-
sions of the Peace for the said County of Lincoln has ex-
hibited an estimate, made by the said Court, of the neces-
sary charges likely to arise within the said County for the
year ensuing amounting to Four thousand, One hundred
and eighty three Dollars, & seventy cents :

50(5 Resolves, 1801. — January Session.

Resolved that the sum of Four thousand One hundred
& eighty three Dollars & seventy cents, be and hereby is
granted as a Tax for the said County of Lincoln, to be
apportioned, assessed, collected, paid and applied for the
purposes aforesaid according to Law.

February 25, 1802.

Chapter 98.

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS
FOR THE COUNTY OF ESSEX, AND GRANTING A TAX.

Whereas the Treasurer of the County of Essex, has
laid his accounts before the General Court, in manner
prescribed by Law, which accounts are hereby allowed :
And Whereas the Clerk of the Court of General Sessions
of the Peace for the said County of Essex, has exhibited
an estimate, made by the said Court of the necessary
charges, likely to arise within the said County for the
year ensuing, amounting to Six Thousand Dollars :

Resolve d that the said sum of Six Thousand Dollars, be
and hereby is granted as a Tax for the said County of
Essex, to be apportioned & assessed, collected paid and
applied for the purposes aforesaid according to Law.

February 25, 1S02.

Chapter 99.

RESOLVE ESTABLISHING THE PAY OF THE CLERKS IN THE
SECRETARY'S AND TREASURER'S OFFICES.

Resolved That the following sums be allowed and paid
out of the public Treasury to the several Clerks in the
Treasurer's and Secretary's Office — to wit — To Joseph
Laughton two Dollars and seventy five Cents per day ; to
William Harris two Dollars and seventy five Cents per day ;
to Edward McLane, two Dollars and Seventy five Cents
per day ; to James Foster, two Dollars and seventy five
Cents per day ; to Edward Cazneau, two Dollars and
twenty five Cents per day, during the time they have
been, or may be actually employed in said service from
the twenty seventh day of September 1801 to the first
day of the session of the next General Court.

February 25, 1802.

Resolves, 1801. — Januaky Session. 507

Chapter 100.

RESOLVE MAKING AN ADDITIONAL GRANT TO THE JUSTICES
OF THE SUPREME JUDICIAL COURT.

Whereas the salaries established by Law for the Justices
of the Supreme Judicial Court are insufficient for their
honorable support at the present time :

Resolved That for the current year commencing on the
first day of January last, there shall be allowed to each
of the Justices of the Supreme Judicial Court, at the rate
of Five hundred Dollars, in addition to his present salary,
as by Law established, and payable therewith.

February 27, 1802.

Chapter 101.

RESOLVE AUTHORIZING THE EXECUTORS OF SILVESTER GARDI-
NER, ESQ. TO RECONVEY CERTAIN LANDS TO THE KENNE-
BECK PROPRIETORS.

On the petition of Robert Hallowell & Oliver Whipple
Esqrs. executors of the last Will & testament of Silvester
Gardiner Esqr. praying that they may be authorized to
reconvey certain lands to the Proprietors of the Kenne-
beck purchase from the late colony of New Plymouth.

Whereas the sd. Proprietors on the twelfth day of Deer.
a d 1759, granted and assigned to the sd. Gardiner his
heirs & assigns a parcel of land then lying in the county
of York, being part of the tract of land called the Kenne-
beck purchase, the sd. parcel of land being bounded as
follows to wit — beginning; at the lowest falls in Damaris-
cotta river, thence running West North West to Sheepscut
river — and also running from the sd. lowest falls in Dam-
ariscotta river East South East until it come to and
meets the easterly boundary line of the sd. Proprietors
tract of land called the Kennebeck purchase from the late
colony of New Plymouth vizt. fifteen miles east from
Kennebeck river thence running northerly on sd. boun-
dary line so far as that a West North West line running to
Sheepscut river, shall be one mile to the Northward of the
most northerly part of Fresh pond, thence to run the
West North "West line aforesaid to Sheepscut river afore-
said, thence down the sd. Sheepscut river to the line first
mentioned with the appurtenances thereof, excepting &
reserving out of the same all tracts of lands then before

08 Resolves, 1801. — January Session.

granted by the said Proprietors & lying within the sd.
limits (if any such there were) saving & excepting that
the sd. Silvester Gardiner his heirs or assigns should not
molest or dispossess any persons in and from such lands
and improvements as they or those under whom they
claimed were quieted in & by a vote of the said Pro-
prietors passed on the twenty fourth day of January a. d.
1753, which grant was to enable sd. Gardiner to convey
parts of sd. lands to Settlers and Purchasers — and the sd
Gardiner gave his bond to the Treasurer of the sd. Pro-
prietors conditioned that he the said Gardiner or his heirs
should reconvey said lands to the sd. Proprietors to be
held by them in the same proportion as they held them
before the said grant was made.

And whereas the sd. Proprietors on the eleventh day
of February a d 1761, granted & assigned to the sd. Gardi-
ner his heirs & assigns another parcel of land lying in the
county of Lincoln being part of the tract of land called
the Kennebeck purchase from the late colony of New
Plymouth the sd. parcel of land being bounded as follows
to wit beginning at the Southerly line of lot No. 54, (de-
lineated on a plan of Pownallborough made by Jonas
Jones, surveyor, dated Dec. 20th, 1759,) on the east side
of the township of Pownallborough in Sheepscut river,
about four hundred & forty poles to the Northward of the
falls in sd. Sheepscut river where the sd. lot No. 54 abutts
upon said Sheepscut river, & from thence to run a West
North West course two miles & an half, & from the end
or termination of said two miles & an half to run a North
East course, until it meets with sd. Sheepscut river —
and thence running down sd. river as the river runs to
the first mentioned bounds with the appurtenances thereof
to enable said Gardiner to convey parts of sd. parcel of
lands to Settlers & purchasers — and the sd. Gardiner
gave his other bond to the sd. Treasurer to reconvey the
same to the sd. Proprietors as aforesaid, to be held by
them in the same proportion as they held them before the
sd. grant was made.

And whereas the sd. Gardiner in his life time sold &
conveyed certain parts of the said parcel of lands to Set-
tlers & purchasers — and did not reconvey the residue to
the said Proprietors — but on his death the same residue
descended, or the right thereto, descended to his legal
representatives some of whom are minors — And for

Resolves, 1801. — January Session. 509

finally settling this affair between the sd. representatives
and the sd. Proprietors and in order that certain disputed
titles to the sd. residue may be finally settled it is agreed
that the sd. executors on being duly authorized for the
purpose shall reconvey the said residue to the sd. Pro-
prietors — Therefore

Resolved That the sd. Executors be & they are hereby
authorized & empowered, in their said capacity, to make
& execute good & lawful deed or deeds to the sd. Pro-
prietors & therein & thereby to convey to them the said
Proprietors the said residue of the sd. two parcels of land
to be held by them their heirs & assigns as tenants in
common and in such proportions as they hold their other
undivided lands — which deed or deeds duly executed
and acknowledged by the sd. executors and duly recorded
shall be good and effectual in law to all intents and pur-
poses, to convey said residue of said parcels of land to the
sd. Proprietors to hold as aforesaid that is to say all such
parts of the said two parcels of land, and all such rights,
interests, & estates therein as were not legally sold, dis-
posed of, or conveyed away by the sd. Gardiner in his
life time to settlers, purchasers, or others — and to enable
the sd. Proprietors as a corporation or individually in their
own names, to sue for and recover the same parts, rights,
interests and estates from any wrongful possessor or dis-
seizor in such manner as they can sue for & recover their
other undivided lands — Notwithstanding the sd. Gardi-
ner at the time of his death was disseized of any part
thereof, and notwithstanding the sd. executors or repre-
sentatives when they shall execute such deed or deeds
shall be disseized — but the sd. Proprietors in virtue of
such deed or deeds so executed & recorded shall have
such right & title in their names to recover and hold the
said parcels of land, or any parts thereof, or any rights,
interests, or estates therein, as the sd. executors, repre-
sentatives, or heirs of the sd. Gardiner now have — and
any such possession already had of any parts of the afore-
said parcels of land, as would not bar or preclude the said
heirs from recovering such parts, in an action brought by
them, shall not bar or preclude the said corporation from
recovering the same in an action to be brought thereby.

Provided however — and be it further Resolved That
this resolution shall not be construed to impair any right,
interest, or estate whatever, which any Settler, on any

510 Resolves, 1801. — January Session.

part of the two parcels of land aforesaid, now has, or may
have by reason of Possession or otherwise but this resolve
shall be construed to alter the Law only in respect to the
manner and form of the action or remedy.

February 27, 1802.

Chapter 102.

RESOLVE ON PETITION OF WILLIAM B0WD0IN, IN BEHALF OF
THE TOWN OF WARE.

On the petition of William Bowdoin in behalf of the
Town of Ware, representing the great heavy dispropor-
tion of roads which falls upon said Town, & its inability
to keep them in repair.

Resolved, for reasons [set] forth in sd. petition that the
sum of three hundred dollars, of the taxes assessed upon
the sd. Town of Ware, in the State tax acts for the years
eighteen hundred & one, & two, exclusive of the repre-
sentatives pay, be remitted to the inhabitants of the town
of Ware ; provided the sd. sum of Three hundred dollars,
& another sum of three hundred dollars, to be raised by
private subscription, shall be faithfully expended upon the
road leading from Belcherston to Western through sd.
Ware, before the first day of January next.

Resolved further that Ruegles Woodbridire of South-
[//Jadley, Eleazer Clark of Belcherstown, & Samuel Blair
of Western be, & they hereby are appointed agents to
carry this resolve into eifect. February 27, 1802.

Chapter 103.

RESOLVE ON THE PETITION OF EZRA BROWN AND OTHERS.

On the petition of Ezra Brown and others a Committee
in behalf of the Inhabitants of the town of Windham, in
the County of Cumberland, praying for liberty to sell and
dispose of their school lands in said town, and appro-
priate the use thereof to public schools in said town.

Resolved for reasons set forth in said petition that the
prayer thereof be so far granted, that the Inhabitants of
the said town of Windham be, and hereby are authorised
to sell and dispose of the said school lands, and that the
net proceeds of the said sale be, and shall forever here-
after continue vested in some of the Public funds of the
United States, or of this Commonwealth, or mortgage of

Resolves, 1801. — January Session. 511

real estate, and the interest arising therefrom, be applied
towards the support of Public Schools.

It is also further Resolved that the Town Clerk of said
Windham shall procure from the Secretary an attested
copy of this Resolve and enter the same at full length on
the Records of said town of Windham, in order that the
sale and appropriation aforesaid may be known, and the
application thereof better secured in future.

February 27, 1802.

Chapter 104.

RESOLVE ON THE PETITION OF JAMES ATHEARN, ESQ.

On the Memorial of James Athearn, Esq. Judge of
Probate for the County of Dukes County, shewing that
by a Resolve passed in June one thousand eight hundred,
Ezekiel Luce, of Tisbury, in said County, was authorised
to sell a tract of land the property of Sarah Amos, an
aged Indian woman, for the payment of her debts ; and
directed to account with the said James Athearn for the
proceeds of the sale. That the said Ezekiel Luce sold
the same, and accounted with the mem [or] ialist accord-
ingly ; and that there remains in the Memorialist's hands
the sum of Ninety dollars, eighty eight cents and five
mills. And praying the direction of the General Court
for the distribution of the same.

Resolved, for reasons set forth in said Memorial that
the said James Athearn, Esq. be and hereby is author-
ised and directed to pay the said sum of ninety dollars,
eighty eight cents, five mills to George Peters, a mulatto
man, and Ann his Wife, whoso receipt therefor shall be a
sufficient discharge to the said James Athearn, Esq. for
the same. February 27, 1802.

Chapter 105.

RESOLVE APPOINTING THEODORE LINCOLN, ESQ. AGENT TO
THE PASSAMAQUODDY INDIANS, AND GRANTING 500 DOL-
LARS TO ENABLE HIM TO BUILD THEM A MEETING-HOUSE.

On the application of the Passamaquody Tribe of In-
dians for the aid of the Legislature to enable them to
build a house of public Worship at pleasant point & to
prevent trespasses on a township of land relinquished to
them by this Commonwealth.

512 Resolves, 1801. — January Session.

Resolved for reasons set forth in said application that
Theodore Lincoln Esq. be & hereby is appointed Agent
for the tr[i]be of Indians known by the name of the
Quody Indians, with full power & authority to hear all
complaints, prevent all trespasses on said township by
suits or otherwise as he may think most for the interest
of said Indians, to sell or otherwise dispose of the timber
growing on said township for the use and benefit of said
Tribe when in his opinion the necessities of said Indians
require it.

And be it further -Resolved that there be paid out of the
Treasury of this Commonwealth a sum not exceeding Five
hundred Dollars to the said Theodore Lincoln Esq. to be
applied by him to the building for the said Tribe of In-
dians at pleasant point a House of Public worship, and
transmit his account to the Legislature for acceptance &
allowance.

And be it further Resolved, that all appointments of
Agency to said Indians prior to this resolve are hereby
suspended. February 27, 1802.

Chapter 106.

RESOLVE ON THE PETITION OF BENJAMIN BARTLET, ALLOW-
ING HIM 450 DOLLARS, AS A COMPENSATION FOR LOSSES
SUSTAINED BY INCENDIARIES.

On the petition of Benjamin Bartlet praying that com-
pensation may be made to him for damages done him by
incendiaries to him unknown in burning his barn hay
grain &c.

Resolved for reasons set forth in said petition that there
be allowed & paid to said Benjamin Bartlet out of the
treasury of this Commonwealth the sum of four hundred
& fifty dollars & the treasurer of said Commonwealth is
directed to pay the same accordingly. March _Z, 1802.

Chapter 107.

RESOLVE ON THE PETITION OF JOSEPH JONES, ALLOWING HIM
225 DOLLARS, AS A COMPENSATION FOR LOSSES SUSTAINED
BY INCENDIARIES.

On the petition of Joseph Jones praying that compen-
sation may be made to him for damages done him by
incendiaries to him unknown in burning his barn hay
grain &c.

Resolves, 1801. — January Session. 513

Resolved for reasons set forth in said Petition that there
be allowed & paid to said Joseph Jones out of the treas-
ury of this Commonwealth the sum of two hundred &
twenty five dollars & the treasurer of said Commonwealth
is directed to pay the same accordingly.

March 1, 1802.

Chapter 108.

RESOLVE ON THE PETITION OF HENRY WARREN, ADMINISTRA-
TOR ON THE ESTATE OF GEORGE WARREN, DECEASED, AT-
TORNEY OF DAVID EMERY, DIRECTING THE SECRETARY TO
CERTIFY THE BALANCE DUE TO THE SAID DAVID EMERY, IN
THE ARMY BOOKS.

On the petition of Henry Warren, Administrator on
the estate of George Warren, late of Augusta, Esquire,
deceased, Attorney of David Emery.

Resolved, that the Secretary of the Commonwealth be,
and he hereby is directed to certify to the Governour &
Council the balance due to sd. David Emery, a private
Soldier in Capt. Whipple's Company & Colo. Putnam's
Regiment in the Continental Army, notwithstanding a
minute against the name of the said Emery that he de-
serted, which appears to be a mistake. And the Treasurer,
on receiving a warrant therefor, is hereby directed to issue
a note conformably to the " law providing for the debt of
this Commonwealth," for the amount due to the said Em-
ery, payable to the said Henry Warren, administrator on
the estate of the said George Warren, who was the At-
torney and Assignee of said Emery. March 3, 1802.

Chapter 109.

RESOLVE RESPECTING THE PARTITION OF THE OLD STATE
HOUSE, AUTHORIZING THE ATTORNEY GENERAL TO SUBMIT
THE QUESTION TO THE DECISION OF REFEREES.

Whereas it appears by the Statement of the Attorney
General, that great difficulties arise in the Decission of the
dispute now pending in the Supreme Court of this Com-
monwealth, relative to the Partition of the Old State
House between the Commonwealth and the Inhabitants of
the Town of Boston, and the same cannot easily & equit-
ably be setled in a Court of Law : — Therefore —

Resolved, That the Attorney General be, and hereby is

514 Resolves, 1801. — January Session.

authorized and directed to submit the aforesaid question
in dispute under a Rule of the Supreme Court to the final
determination of three Referrees, to be appointed, one by
the Attorney General in behalf of the Commonwealth,
one by the Inhabitants of the Town of Boston, or such
Agent or Agents, as they may see fit to appoint for that
purpose, and the third by the Justices of the Supreme
Court, with authority for them, or any two of them, after
a hearing of all three, to determine finally in Equity and
Justice, what proportion this Commonwealth is entitled to
have & hold of said land & Building. March 4, 1802.

Chapter 110.

RESOLVE EXPLAINING A RESOLVE OF THE 3D INSTANT ON THE
PETITION OF HENRY WARREN, ESQ. ADMINISTRATOR TO THE
ESTATE OF GEORGE WARREN, DECEASED.

Whereas a Resolve passed the 3d instant on the petition
of Henry Warren as administrator to the estate of George
Warren directing the Secretary to certify to the Governor
& Counsel the balance due to David Emery a soldier in
the late Continental Army — & directing the Treasurer on
receiving a warrant therefor to issue a note conformable
to the law providing for the debt of this Commonwealth
for the amount due to said Emery — & as the said Resolve
did not specifically provide for the payment of the interest
due on said balance, & the Treasurer doubts his authority
to add the same :

Resolved that the Treasurer issue the said note comput-
ing the interest on the said balance as has been usual in
similar circumstances. March 4, 1802.

Chapter 111.

RESOLVE ON THE MESSAGE OF HIS 'EXCELLENCY THE GOV-
ERNOR AND THE PETITION OF CAPT. THOMAS KNOWLTON
AND OTHERS, GRANTING THEM COMPENSATION FOR PURSU-
ING AND TAKING SUNDRY RIOTOUS PERSONS IN THE COUN-
TIES OF HANCOCK AND KENNEBECK.

Resolved that there be allowed, to the persons hereafter
named, for their services, in the month of June 1801, in
pursuing and taking up sundry persons concerned in
riotously opposing and firing upon a Surveyor and others
employed, under the authority of the Commonwealth, the
sums annexed to their respective names viz : to

Resolves, 1801. — January Session.

515

D. G.

Thomas Knowlton, Capt 15

Jonathan Wilson, 1st Lieut.

Henry Trewe, 2d Lieut.

John Brown, Serjeant,

4 50

John Clark, do.

4 50

James Gilmore, do.

4 50

Nathan Spring, Corporal,

3 75

Nathan Cram, do.

Thomas Reed, do.

3 75

Solomon Hamilton, do.

3 75

Thomas Taylor, Private,

David Hunter, do.

Caleb Smith, do.

John Varnum, do.

Edward Covel, do.

William Walls, do.

Samuel Jackson, do.

John Hartshorn, do.

William Adams, do.

Samuel Gage, do.

Wm. Taggart, do.

John Harvey, do.

John Dollaf, do.

Seth Elliot, do.

Benjamin Thompson, do.

Eliphalet French, do.

George Hopkins, do.

Stephen Knowlton, do.

Andrew Paterson, do.

John Moran, do.

Jabez Prescott, do.

Joseph Barns, do.

Samuel Brown, do.

Daniel Johnston, do.

Robert B. Cochran, do.

Jonathan Hodgdon, do.

Ichabod Colson, do.

John Gail, do.

Robert Miller, do.

Phillip Greely, do.

John Boody, do.

David Holmes, do.

James Butler, do.

Samuel Eaton, do.

Elisha Brooks, do.

To John Russ in full of his account for sundry stores
and provisions delivered to Capt. Thomas Knowlton and
Lieut. Jonathan Wilson, from the 25th to the 29th of
June 1801 the sum of Seventy dollars and sixteen cents.

And be it further resolved, that there be paid out of the
Treasury of this Commonwealth to Thomas Knowlton
Captain of the company aforesaid Two hundred & forty

516 Resolves, 1801. — January Session.

six dollars and ninety one cents he to be accountable for,
and to pay to the persons before named, the several sums of
money set to their names respectively. March 4, 1802.

Chapter 113.

RESOLVE GRANTING THOMPSON J. SKINNER, ESQ. CHAIRMAN,
AND KILBORN WHITMAN, ESQ. CLERK, OF THE COMMITTEE
OF VALUATION, 29 DOLLARS AND 50 CENTS, AND 200 DOL-
LARS, RESPECTIVELY.

Resolved, That there be allowed and paid out of the
Treasury of this Commonwealth, to Thompson J. Skinner,
Esq. chairman of the committee of valuation, the sum of
twenty nine dollars and fifty cents, in addition to his pay
as a member of said Committee. And to Kilborn Whit-
man, Esq. the sum of two hundred and twenty dollars
in full for his services as a member and Clerk of said
Committee, including travelling fees, and money expended
for stationary. March 4, 1802.

Chapter 113.

RESOLVE GRANTING TO THE SHERIFF OF THE COUNTY OF
NORFOLK 1000 DOLLARS, TO REIMBURSE HIM FOR THE SUMS
ADVANCED FOR APPREHENDING JASON FAIRBANKS.

Resolved that there be allowed and paid out of the
Treasury to Benjamen Clarke Cutler Esqr. the sheriff of
the County of Norfolk the sum of one Thousand Dollars
for the purpose of reimbursing the sums subscribed and
advanced severally by certain patriotic citizens, as a re-
ward offered & paid by them for apprehending and secur-
ing the person of Jason Fairbanks a convicted murderer
who had been forcibly taken out of the jail of the said
County in the month of August last by persons since con-
victed of the offence. The said sum to be drawn out of
the Treasury by a warrant from his Excellency the Gov-
ernor by and with the advice of the Council, holding the
said sheriff responsible for the faithful appropriation of
the said sum. March 4, 1802.

Chapter 114.*

REPORT OF THE COMMITTEE ON THE GENERAL VALUATION.

To the honorable Senate and House of Representatives
of the Commonwealth of Massachusetts in General Court
assembled.

* Taken from court record.

Resolves, 1801. — January Session. 517

The Committee appointed by a resolve of the General
Court passed the sixteenth day of June last, in conformity
to the directions therein contained, convened at the State
House in Boston on the first Wednesday of November,
and immediately proceeded to the examination of the re-
turns made by the Assessors of the several towns, districts
and plantations in this Commonwealth in pursuance of an
Act passed in the year 1801, entitled " An Act for ascer-
taining the rateable estate within this Commonwealth."

The Committee feel it a duty which they owe their
fellow citizens, to state to the General Court, that although
in some instances the returns were erroneous, yet generally
they were found to be more conformable to the true intent
and spirit of the requirement of the Legislature, than has
been heretofore observed on like occasions. Having cast
up the amount of the different discriptions of property
returned as aforesaid, two objects of duty naturally pre-
sented to your Committee — the first was, to discover as
near as the nature of the case would admit, the deficiency
of property arising from erroneous returns of any kind,
and with this was unavoidably connected a just mean of
making an addition to the different corporations, the
amount of their respective deficiencies. The second was
to form a just estimate of the taxable items which consti-
tute the aggregate property of the several towns, districts
and plantations in the Commonwealth, and to conform
them in a just ratio to each other making due allowance
for difference of situation, quality of buildings, soil, and
variation of circumstances inseperably connected there-
with.

In the discharge of the first duty, viz., the ascertaining
the quantum of taxable property with which the different
places were chargeable, as it respects real estate, the
Committee derived information from three sources from
one or other of which they generally received such satis-
faction as to regulate their judgments.

The first was, the actual return of like property made
from the same places on former occasions, making due
allowance for the alterations of corporate boundaries since
March 1793. The second was, the plans of the different
towns, taken in conformity to law since that period. The
third was by refering to the recent estimate of the prop-
erty of the Commonwealth by which the direct tax to the
United States was made ; though in no instance have we

518 Resolves, 1801. — January Session.

estimated houses at more than four fifths of the rate at
which they were charged in that tax, and in many instances
below that proportion, and in all varying the ratio in
which they stood to each other, so to make them more
conformable to the ancient usage of our State.

With respect to personal estate, the return of shipping,
which constitutes a very important item, was found to be
returned so correspondent to the actual registry of vessels
in the public Offices, as to shew that very few variations
from the returns were necessary, and in most other de-
scriptions of property of this kind, we were regulated in
our variation from the returns, by the valuation by which
the several towns were assessed in 1800, making allow-
ance for different principles which appeared to govern
Assessors in different places.

In a few instances the Committee have been obliged to
exercise the discretionary powers vested in them, and
charge corporations by force of their own judgment, and
in all those, they have endeavoured to derive information
from the most legitimate sources, to exercise their dis-
cretion with great caution and due deliberation, after
much discussion and repeated revision. Having thus
satisfied ourselves of the quantum of taxable property,
chargeable on the different corporations, we proceeded to
estimate the same according to its just & permanent value
— comparing the produce actually returned, & attending to
the representations of Gentlemen of the Committee from
the vicinity — ascertaining the value of that produce —
attending to the number of people maintained in the
different places their different occupations and means by
which they subsisted.

The same view was taken of the quantity of stock kept
in the several towns, the different manner of their sub-
sistence summer & winter, taking a seperate view of
each District, its advantages & disadvantages, we have
endeavoured to do justice to the whole Commonwealth —
to make the estimates and conform the proceedings to
such principles as, when carried into effect, may produce
an equal apportionment of the public taxes according [to]
the relative abilities of every part of the State. In apply-
ing the general principles above stated to the particular
towns, districts and plantations in the Commonwealth,
your Committee are sensible that at first view great varia-
tions will appear by contrasting their report with the
valuation of 1793, but they view it the express duty with

Resolves, 1801. — January Session. 519

which they are charged to conform to the great changes
which nine years have produced in the circumstances of
the Commonwealth ; the respective sums apportioned by
this report on the several towns are the result of items
of taxable property which the Committee had evidence to
their satisfaction they possessed the first day of May last ;
and those items charged at prices conforming to the lowest
terms of negociation between our citizens, all of which
are of record, and subject to the inspection of the General
Court — if some articles appear to be higher charged in
some places than in others, it will probably be found to
originate from some circumstance attending the returns
from one or the other of the corporations to which the
same applies ; and that such apparent inequality will be
reconciled from some other source in the aggregate of
the different places.

Where there are prominent disproportions in the ag-
gregates of towns and districts, they may be traced to
some of the following causes viz. —

The commercial advantages which the position of our
Country, during the european war has given to our fellow
citizens, were much earlier and have been more success-
fully improved, and produced a much greater accession
of inhabitants in some places, than in others.

In the agricultural towns, great changes have taken
place in the mode of husbandry, and the manner of man-
aging landed property and it is to be considered, that
when the last valuation was taken, many places were then
wholly cultivated and full of inhabitants, that other parts
had much more cultivated land in proportion to their
number of inhabitants, and quite sufficient to admit an
increased population upon their improvements, while large
portions of other places, were then wholly uncultivated,
both of which last descriptions have from that period to the
present been progressing in cultivation under a full tide
of success, and proportionality increasing in population.
From these considerations, with others which naturally
occur, the increased population of our State has been very
partial in its distribution as is demonstrated by the late
census.

The result is a great variation in taxable polls, which
produces a greater opperation in the apportionment of the
valuation, than at first view would appear — for to many
of these polls is attached very considerable personal estate.

Predicated on the proceedings and principles above de-

520

Resolves, 1801. — January Session.

tailed, the result of harmony in the Committee, they sub-
mit the following list of apportionment of the sum of
1000 dollars on the several towns, districts and taxable
plantations in this Commonwealth, as the ratio by which
they in future shall be assessed, trusting that this their
report will be examined with accuracy, its faults corrected,
and its principles discussed with fairness and candour.

Simon Frye Per order.

COUNTY OF SUFFOLK.

Aggregate.

On 1000 dols,

includg. polls at :

milleseach.

4640

471

119

5266

Boston .
Hingham
Chelsea
Hull .

D. C.

802666 76

21066 60

9279 36

1961 27

834973 99

D. C.

125 22

3 98

1 58

131 14

COUNTY 01

ESSEX.

1866

Salem

260791 61

41 40

603

Danvers

34137 75

6 14

759

Ipswich

31016 34

6 0

829

Newbury

45764 90

8 27

1328

Newbury Port

141690 83

23 13

1179

Marblehead .

67870 59

10 89

737

Lynn

18643 48

4 16

100

Lynnfield

4318 91

627

Andover

32416 92

5 93

835

Beverly

51631 96

9 13

393

Rowley .

16652 42

3 20

447

Salisbury

15894 28

3 19

526

Haverhill

22350 50

4 28

1114

Gloucester .

38764 51

7 83

211

Topsfield .

8533 50

1 65

417

Amesbury

12723 10

2 67

330

Bradford

13280 16

2 58

265

Methuen

11413 5

2 18

233

Boxford

11334 42

2 11

101

Wenham

6101 31

1 8

225

Manchester .

7733 15

1 57

195

Hamilton

8389 84

1 60

142

Middleton .

6417 64

1 21

13462

867877 16

152 29

Resolves, 1801. — January Session.

521

COUNTY OF MIDDLESEX.

On 1000 dols.

Polls.

Towns.

Aggregate.

includg. polls at 2
milles each.

D. C.

573

Cambridge ....

32329 67

5 89

294

Watertown .

17086 67

3 6

720

Charlestown

43862 59

7 71

309

Woburn

11698 27

2 31

385

Concord

19704 49

3 62

375

Newton

16841 63

3 18

496

Redding

17468 51

3 52

416

Marlborough

18243 39

3 47

299

Billerica

12351 44

2 38

346

Framingham

14843 67

2 84

259

Lexington

12381 67

2 31

322

Chelmsford .

11816 10

2 35

200

Sherburne

8882 98

1 68

303

Sudbury

11203 44

2 22

256

Maiden .

11932 00

2 23

235

Weston

13046 14

2 35

226

Medford

15036 8

2 62

291

Hopkington .

12378 46

2 37

283

Westford

11020 46

2 16

222

Waltham

14956 82

2 60

216

Stow

7778 95

1 56

Boxborough .

3345 36

402

Groton .

14703 65

2 93

184

Shirley .

4816 6

1 6

288

Pepperell

8309 96

1 78

272

Townsend

7030 49

1 56

316

Dracut .

10236 68

2 11

137

Bedford

8003 48

1 43

224

Holliston

11525 96

2 11

239

Acton .

7093 55

1 50

154

Carlisle

5865 19

1 16

120

Dunstable

4513 52

198

East Sudbury

8822 96

1 67

166

Lincoln

7763 23

1 45

158

Tyngsborough

5800 20

1 15

224

Tewksbury .

6774 6

1 43

173

Wilmington .

5692 97

1 17

236

Ashby .

7612 64

1 57

207

Littleton

7174 40

1 45

154

Natick .

6093 7

1 19

104

Stoneham

3474 91

143

Burlington .

5251 45

1 4

11212

484767 22

92 44

522

Resolves, 1801. — January Session.

COUNTY OF HAMPSHIRE.

On 1000 dols.

Polls.

Towns.

Aggregate.

includg. polls at 2
milles each.

D. C.

432

Springfield ....

16719 54

3 28

622

W. Springfield

22004 55

4 50

344

Wilbraham .

9199 18

2 2

600
130

Northampton
Easthampton

21059 72
3758 78

4 24
80

192

South Hadley

5937 11

1 24

289

Amherst

10563 73

2 11

194

Gran by .

5064 22

1 12

166
230

Whatley
Williamsbui'gh

5608 89
6836 12

1 14

1 45

408

Westfield

14872 17

2 89

374

Deerfield

14489 42

2 84

456

128

Conway
Sunderland .

15915 82
3937 76

3 17

333

Brimfield

10235 57

2 14

150

So. Brimfield

3891 4

106

Holland

3164 90

436

New Salem .

11237 62

2 50

274

Ashfield

7860 76

1 83

262

283

Worthington
Chesterfield .

9361 56

8077 47

1 88
1 73

323

Monson

9322 80

1 99

227

Pel ham

6971 30

1 32

261
227

Hadley .
Palmer .

10568 90
5749 94

2 5
1 28

240

Montague

5287 20

1 24

252

Northfield .

9306 99

1 85

423

Belchertown

9501 96

2 22

348

Colrain .

10898 56

2 27

181

Charlemont .

3765 25

239

Shelburne

6492 84

1 42

209

Southwick .

6494 43

1 36

437

Granville

15619 45

3 13

259

Greenfield .

10933 35

2 10

144

Gill

3967 25

282

Greenwich .

6923 12

1 56

251
276

Southampton
Warwick

7177 38

9452 14

1 54
1 92

168

Orange .
Blandford

5979 9

1 20

329

10349 54

2 15

221

Ware .

5232 12

1 16

152

Leverett

3273 65

352

Chester

6252 0

1 61

167

Bernardston .

5724 94

1 16

203
195
165

Leyden .
Shutesbury .
Wendell

5358 95
3403 0
3802 4

1 18
88
88

Resolves, 1801. — January Session.

523

COUNTY OF HAMPSHIRE — Concluded.

On 1000 dols.

Polls.

Towns.

Aggregate.

includg. polls at 2
milles each.,

D. C.

141

Goshen

4671 58

151

Ludlow

2918 20

163

Westhampton

6841 70

1 25

196

Norwich

4505 24

1 4

155

Rowe .

2978 92

147

Heath .

3144 58

225

Buekland

4045 77

1 3

211

Cummington
Plainfield

6377 64

1 34

167

4576 88

221

Longmeadow

7114 44

1 47

215

Hawley

4703 32

1 8

224

Middlefield .

4883 42

1 15

Russell .

1879 68

128

Mongotnery .

2513 21

198

Hatfield

10676 62

1 94

15557

468435 32

98 76

COUNTY OF PLYMOUTH

742

Plymouth ....

27387 88

5 44

574

Scituate

26028 50

4 90

393

Duxborough

11742 12

2 49

315

Marshfield .

14476 58

2 72

1121

Bridgewater .

43424 68

8 51

943

Middleboro' .

31055 92

6 38

596

Rochester

15193 63

3 38

197

Plympton

5456 74

1 18

445

Pembroke

16315 93

3 25

262

Kingston

10834 78

2 9

372

Abington

13836 16

2 74

236

Hanover

9451 32

1 84

173

Halifax

5081 33

1 8

186

War eh am

4837 46

1 7

207

Carver .

5353 76

1 18

6762

240433 89

48 25

COUNTY OF BRISTOL.

Taunton

Rehoboth

Swanzey

26069 19

24693 26

8354 95

5 51
5 32
1 85

521

Resolves, 1801. — January Session.

COUNTY OF BRISTOL — Concluded.

On 1000 dols.

Polls.

Towns.

Aggregate.

includg. polls at 2
milles each.

D. C.

491

Dartmouth ....

17525 80

3 53

314

Norton .

12083 87

2 38

467

Attleborough

17699 42

3 49

342

Dighton

10592 72

2 21

518

Freetown

16497 5

3 42

258

Kaynham

8074 43

1 69

309

Eastown

9852 60

2 4

240

Mansfield

5918 81

1 34

246

Berkley

7486 17

1 54

924

New Bedford

43331 14

8 5

482

Westport

19067 44

3 68

177

Somerset

7188

1 43

6804

234434 55

47 48

COUNTY OF BARNSTABLE.

668

Barnstable ....

13353 47

3 42

482

Sandwich

17265 76

3 42

449

Yarmouth

8880 99

2 12

166

Eastham

2091 48

602

Harwich

12103 14

2 85

242

Wellfleet .

2946 24

424

Falmouth

11389 4

2 49

259

Truro .

3278 54

1 1

295

Chatham

5443 88

1 36

196

Provincetown

3101 37

340

Dennis .

5438 51

1 44

242

Orleans

3985 37

1 6

4365

89277 79

21 63

DUKES COUNTY.

273
162
236

Edgartown ....
Chilmark ....
Tisbury ....

6000 2

11088 70

6130 91

1 44

1 87
1 39

671

23219 63

4 70

Resolves, 1801. — January Session.

525

COUNTY OF NANTUCKET.

Woi-cester

Lancaster

Mendon

Bi'ook field

Oxford .

Charlton

Sutton .

Leicester

Spencer

Rutland

Oakham

Ilubbardston

New Braintree

Southborough

Westborough

Noi*th borough

Shrewsbury

Lunenburg

Fitch burgh

Uxbridge

Northbridge

Harvard

Bolton .

Berlin .

Sturbridge

Hard wick

Western

Leominster

Holden .

Douglas

Gi-afton

Petersham

Royal ston

Westminster

Athol .

Templeton

Princeton

Ashburnham

Winchendon

Upton .

Dudley .

35872 95

13333 54

14474 60

28G20 66

8889 49

19665 51

22987 62

10931 55

18032 22

12893 85

5865 95

9037 99

8297 90

7258 14

10512 84

7087 31

10134 67

10478 61

8109 10

12297 81

4031 37

11422 58

8307

4957 25

15625 36

13190 50

9356 88

9672 21

10878 19

6333 52

10035 13

14725 61

8656 51

11254 14

7532 47

8593 52

12368 51

6851 68

9301 62

6506 33

8942 98

roils.

Towns.

Aggregate.

On 1000 dols.

lucludg. polls at 2

mllles each.

1440

Nantucket ....

D. C.

45488 16

D. C.
9 45

COUNTY OF WORCESTER.

40
63
77
67
82
76
86
12
58
■17
25
86
63
45

4
83
99

1 76

2 39
85
38
69
99
12
68

1 81

2 7

:;9
88
82
84
80
58
7f.
27
15
88
35
7f>

526

Resolves, 1801. — January Session.

COUNTY

WORCESTER — Concluded.

On 1000 dols.

Polls.

Towns.

Aggregate. includg. polls at 2
milles each.

D, C.

D. C.

143

Paxton

5603 8

1 10

428

Barre .

19423 61

3 67

132

Ward .

5725 91

1 9

200

Milford

8563 77

1 64

388

Sterling

14853 46

2 93

263

Boylston

9578

1 91

161

Gardner

4669 81

199

Gerry .

6396 74

1 32

141

Dana

2006 44

14392

545151 52

107 52

COUNTY OF BERKSHIRE.

423

Sheffield ....

12540 74

2 78

Mt. Washington

1287 31

384

Gt. Barrington

10213 40

2 25

319

Partridgfield

7430 63

1 71

399

New Marlborough

9524 24

2 18

405

Williamstown

12344 2

2 59

314

Lanesborough

11420 42

2 28

New Ashford

2125 70

523

Pittsfield

17503 90

3 58

253

Lenox .

8284 36

1 78

306

Stockbridge .

11041 62

2 20

171

Egremont

4522 38

370

Tyringham .

8027 88

1 90

365

Sandisfield .

10722 98

2 16

Southfield .

990 37

206

Beckett .

5700 29

1 30

219

Windsor

8224 67

1 53

228

Hancock

5744 30

1 39

242

Richmond

9253 68

1 82

119

Louden .

2277 40

203

Washington .

5117 77

218

West Stockbridge

6108 74

1 32

122

Alford .

3400 41

312

Adams .

10046 76

2 7

102

Bethlehem .

1761 31

255

Lee

7355 22

1 57

296

Cheeshire

10087 54

2 5

193

Dal ton .

5517 71

1 19

116

Savoy .

1422 62

Clarksburgh .

939 42

7317

210937 79

45 13

Resolves, 1801. — January Session.

527

COUNTY OF NORFOLK.

On 1000 dols.

Polls,

Towns,

Aggregate.

irtcludg. polls at 2
rallies each.

D. C,

663

Roxbury ....

47253 15

8 8

458

Dorchester

26391 28

4 81

273

Milton .

13524 3

2 50

253

Braintree

12315 76

2 26

413

Weymouth

16248 66

3 18

459

Dedham

21732 15

4 8

114

Brookline

12257 63

196

Medfield

8136 36

1 57

128

Dover .

6252 28

1 16

232

Stoughton

5545 30

1 28

242

Sharon .

7036 46

1 48

276

Med way

11672 87

2 24

237

Walpole

8471 31

1 69

494

Wrentham

16648 17

3 39

296

Franklin

13294 40

2 51

171

Bellingham

7161 50

1 35

261

Needham

8967 26

1 81

175

Cohassett

7942 64

1 50

187

Foxborough

5923 33

1 20

181

Qaincy .

12751 76

2 20

215

Randolph

8899 60

1 74

243

Canton .

7330 66

1 57

6167

285756 33

53 60

COUNTY OF

YORK.

607

York

23333 84

4 58

711

Kittery .

23355 20

4 79

866

Wells .

27477 31

5 70

840

Berwick

29138 76

5 89

418

Arundel

13290 68

2 76

311

Biddeford

9788 42

2 16

434

Pepperelboro'

18869 69

3 50

403

Buxton .

12719 8

2 62

349

Lebanon

7810 2

1 83

274

Sandford

5568 19

1 35

161

Fryeburgh .

4146 43

243

Coxhall

5343 11

1 26

222

Waterboro1 .

4905 64

1 15

188

Limerick

4401 81

1 2

Brown field .

1430 39

232

Phillipsburgh

4468 85

1 11

363

Shapleigh

7864 78

1 86

270

Parsonsfield .

6059 46

1 42

135

Waterford

2606 91

528

Resolves, 1801. — January Session.

COUNTY OF YORK— Concluded.

On 1000 dols.

Polls.

Towns.

Aggregate.

includg. polls at 2
mill's each.

D. C.

130

Bethell

2861 89

203

Alfred

4887 47

1 12

264

Limington ....

5597 86

1 34

118

Newfield ....

1741 84

146

Cornish ....

2967 10

Lovell

1385 40

Hiram plt.includingthelands
claimed under Win. and
Bridget Phillips, lands sold
to Peleg Wadsworth, Esq.
[and] and Cutler's lower

grant, ....

450 80

Po[r]tersfield pit. including

Cutler's upper grant,

570 30

Oxford, No. 5 pit.

570 80

East Andover pit. .

712 58

8107

234324 61

50 7

COUNTY OF CUMBERLAND.

756

Falmouth ....

24634 85

4 95

1001

Portland

63642 78

11 19

601

North Yarmouth

20725 89

4 15

516

Scarborough

18811 68

3 75

507

Gorham

12864 83

2 87

296

Cape Elizabeth

7013 92

1 60

428

Brunswick .

10919 92

2 44

275

Harpswell .

7235 75

1 60

259

Windham

7945 54

1 67

316

New Gloucester

7499 52

1 71

515

Freeport

14338 27

3 10

263

Standish

5190 11

1 28

290

Durham

7266 4

1 55

106

Raymond

1544 78

432

Poland .

11306 84

2 49

202

Turner .

5145 8

1 14

220

Gray .

5133 86

1 18

209

Buckfield

3836 62

181

Paris

3677 54

127

Norway

2315 18

191

Hebron .

4859 29

1 8

177

Livermore .

2298 66

130

Otisfield

2331 87

Hartford

1478 79

Resolves, 1801. — January Session.

529

COUNTY OF CUMBERLAND — Concluded.

On 1000 dols.

Polls.

Towns,

Aggregate

includg. polls at 2
milles each.

D. C.

Sumner ....

1931 20

Rumford ....

1335 60

158

Bridgeton ....

3875 34

Thompson pond & Shaker

settlement.

418 28

Flintston plant.

1527 80

110

Pejepscot Claim & Littles

Gore

1618 82

Ilolmanstown Plant. .

644 90

8612

263369 53

55 21

COUNTY OF LINCOLN

384

Pownalborough .

16681 76

3 18

384

Georgetown .

10328 86

2 26

206

New Castle .

7103 88

1 42

224

Woolwich

7367 12

1 50

202

Topsham

7113 71

1 47

167

Bowdoinham

4132 60

260

Boothbay

5873 80

1 37

431

Bristol .

13048 88

2 74

327

Waldoborough

9604 7

2 4

178

Edgecomb .

5410 80

1 14

229

Cambden

5893 44

1 28

200

Union .

4313 0

1 2

223

Warren

7229 31

1 49

311

Thomaston .

8954 61

1 91

227

Cushing

5251 68

1 21

330

Bath .

9372 21

2 1

216

Bowdoin

4099 30

1 2

221

Litchfield

3151 54

193

Lewistown .

4514 1

1 2

163

Nobleboro1 .

3816 73

167

Dresden

4485 18

173

New Milford

5412 34

1 13

775

Lisbon .

2733 36

308

Ballstown

6871 15

1 61

Medumcook .

1916 58

Wales .

1008 36

Little River .

1160 54

100

Great pond settlement

2359 60

6225

169220 42

36 85

530

Resolves, 1801. — January Session.

COUNTY OF KENNEBECK.

On 1000 dols.

Polls.

Towns.

Aggregate.

includg. polls at 2
mllles each.

D. C.

276

Augusta ....

6742 4

1 52

295

Hallowell

7115 16

1 62

353

Winslow

4851 59

1 40

298

Vassalboro1 .

6558 0

1 53

255

Winthrop

6744 87

1 54

216

Readfield

5896 83

1 28

259

Pittstown

7070 38

1 53

156

Norridgewock

2392 61

183

Monmouth .

2523 33

229

Sidney .

4215 39

1 7

230

Farmington .

4584 12

1 12

194

Mount Vernon

3037 75

133

Green .

3231 26

157

Canaan .

3130 0i

197

Fairfield

3172 22

New Sharon .

1587 0

130

Clinton .

2304 37

117

Starks .

1749 69

130

Fayette .

2294 18

136

Belgrade

1317 93

132

Harlem

1875 51

Wayne .

1680 38

Cornville

1050 71

158

Anson .

1873 56

132

Leeds .

2154 58

100

Jay

2476 51

Strong .

1088 29

Tyngstown pit.

1203 30

New Vineyard

870 30

Vaughnston pit.

500 0

Twenty five mile

x>nd pit.

1425 0

West pond pit.

675 0

Seven mile brook

pit. .

1200 0

Industry pit

1200 0

Vienna .

1000 0

Chesterville .

600 0

Barnardston pit.

800 0

Kin[r/]smanston pit. .

600 0

Freetown pit.

1200 0

5440

103995 87

25 90

Resolves, 1801. — January Session.

531

COUNTY OF HANCOCK.

On 1000 dols.

roils.

Towns.

Aggregate,

inclndg. polls at 2
milles each.

D. C.

177

Penobscot ....

3621 60

201

Deer Isle

3050 81

145

Mount Desert

2645 83

167

Vinal Haven

3046 57

115

Trenton

3283 40

196

Sedgwick

3513 62

164

Sullivan

3848 64

206

Frankfort

3178 20

117

Blue Hill .

3766 99

He Borough .

2148 71

Goldsborough

1842 62

178

Belfast .

2391 80

171

Orrington

3995 50

196

Hampden

3634 6

204

Castine .

8128 74

1 38

100

Bangor .

1516 80

138

Buckston

3977 19

169

Prospect

3656 64

124

Northport

1918 26

Eden .

1717 10

Orland .

1630 70

Ellsworth

1093 8

Colborntown

373 68

Eddington pit.

316 40

145

Duck Trap pit.

1220 20

Plantation Mo. 6

775 30

Davidstown pit. .

500 0

3475

70792 44

17 26

COUNTY OF WASHINGTON.

241

Machias ....

5106 37

1 22

Addison

1610 6

Columbia

1402 64

Harrington .

1058 20

Stuben .

1363 40

135

Eastport

2038 84

Plantation No. 22

2275 25

Cherryfield .

738

14854 76

3 59

532

Resolves, 1801. — January Session.

AGGREGATE OF COMMONWEALTH.

Polls.

Counties.

Aggregate.

On the thousand.

Dolls. Cts-

Dolls. Cts.

5266

Suffolk .

834,973 99

131 14

13462

Essex

867,877 16

152 29

11212

Middlesex .

484,767 22

92 44

15557

Hampshire

468,435 32

98 76

6762

Plymouth .

240,433 89

48 25

6804

Bristol

234,434 55

47 48

4365

Barnstable

89,277 79

21 63

671

Dukes County

23,219 63

4 70

1440

Nantucket .

45,488 16

9 45

14392

Worcester

545,151 52

107 52

7317

Berkshire .

210,937 79

45 13

6167

Norfolk .

285,756 33

53 60

8107

York .

234,324 61

50 7

8612

Cumberland

263,369 53

55 21

6225

Lincoln

169,220 42

36 85

5440

Kennebeck

103,995 87

25 90

3475

Hancock .

70,792 44

17 26

738

Washington

14,854 76

3 59

126,012

5,187,310 98

1001 27

March 5, 1802.

Chapter 114 a.*

RESOLVE ON THE PETITION OF JESSE DOGGETT & ABIGAIL

GAY.

On the Petition of Jesse Doggett and

Abigail Gay
administrators of the Estate of Joel Gay late of Roxbury
in the County of Norfolk, deceased stating that he had in
his lifetime agreed with Thomas Williams junior Esqr. of
said Roxbury to sell and convey to him a piece of Land
situate in said Roxbury, and containing eleven acres one
quarter and thirty eight rods, particularly described in
said Petition, and that the said Williams had paid said
Gay before his decease part of the purchase money, but
that he, by his sickness and death which soon after hap-
pened, was prevented from fulfilling his part of said Con-
tract, and praying that they may be authorized to convey
said Land to said Williams, upon his paying them the
residue of the purchase money which he was to have paid
said Gay therefor.

* Not printed in previous editions.

Resolves, 1801. — January Session. 533

Resolved, That the said Jesse and Abigail as Adminis-
trators as aforesaid be, and they hereby are, authorized
and empowered to make and execute to the said VVTilliams
a good and sufficient deed to pass & convey to him in
fee simple all the Estate which the said Joel at the time
of his decease had in said eleven acres one quarter and
thirty eight rods of Land ; upon his paying them the
residue of the money which he was to have given said
Joel for said Land according to their Contract aforesaid,
to be accounted for by them as part of his Estate.

March 5, 1802.

Chapter 115.

RESOLVE ALLOWING THE ACCOUNTS OF THE COUNTY TREAS-
URER FOR THE COUNTY OF SUFFOLK AND GRANTING A
TAX.

Whereas the Treasurer of the County of Suffolk has
laid his accounts before the General Court, in the man-
ner prescribed by Law, which accounts are allowed : And
Whereas the Clerk of the Court of General Sessions of
the Peace, for the said County of Suffolk, has exhibited
an estimate, made by the said Court of the necessary
charges, likely to arise, within the said County, for the
year ensuing amounting to Sixteen Thousand Dollars :

Resolved that the said sum of Sixteen Thousand Dollars,
be, and hereby is granted as a tax for the said County of
Suffolk, to be apportioned and assessed collected paid and
applied for the purposes aforesaid according to Law.

March 6, 1802.

Chapter 116.

RESOLVE ON THE PETITION OF ESTES HOWE, AUTHORIZING
THE EXECUTORS OF THOMAS BRATTLE, ESQ. DECEASED, TO
EXECUTE A DEED OF THE LAND MENTIONED.

On the Peti[ti]tion of Estes Howe stating that Thomas
Brattle Esqr. late of Cambridge in the County of Middle-
sex deceased, in his life time, engaged in writing, not
under seal, to convey to the said Estes two undivided
third parts of a certain tract of land lying in Belchertown
in the County of Hampshire, containing by estimation,
sixty five acres, bounded northerly by lands of Sylvanus
Howe, easterly by Swift-River, southerly by land lately
in the Possession of Simeon Bard well, & westerly by lands

534 Resolves, 1801. — January Session.

of David Worthington & others, at the value thereof in
its unimproved state ; and praying that Caleb Gannett,
Esqr. & John Mellen, Clerk both of Cambridge aforesd.
Executors of the last Will & Testament of the said Thomas
Brattle may be authorized to convey the same by deed to
the said Estis — and it appearing that the said Thomas
did not in his life time execute to the said Estis any deed
of the said land & that by his last Will & Testament he
devised the said land together with other property to the
Children of the said Gannett & Mellen, as residuary lega-
tees — which Children are Minors, and to whom their
said Parents have been regularly appointed Guardians —
and the said Executors & Guardians having expressed
their assent to making the conveyance aforesd. if the
Legislature should authorize them so to do. — Therefore —
Resolved, That the said Executors be & they hereby
are authorized & empowered to make and execute to the
said Estes Howe a good & sufficient Deed, thereby con-
veying to the said Estes Howe his Heirs & Assigns in fee
simple two undivided third parts of the tract of land
aforesd., at the value thereof as in an unimproved state ;
such value to be ascertained by three disinterested & dis-
creet men, to be mutually chosen by the said Caleb Gan-
net, John Mellen & Estes Howe — and the money which
shall be paid therefor accordingly shall be received by the
said Executors & by them accounted for agreeably to
the intent & meaning of the Will of the said Thomas
Brattle which Deed so made & executed shall be as valid
to all intents & purposes whatever, as if the same had
been made by the Testator in his life time.

March 8, 1802.

Chapter 117.

RESOLVE ADJOURNING COURTS IN ESSEX COUNTY.

Whereas it is found expedient that the Courts of Gen-
eral Sessions of the Peace, and Common Pleas next to
be holden at Ipswich, within and for the County of Essex,
on the second Tuesday of March instant should be ad-
journed to some future time :

Resolved, that the said Courts of General Sessions of
the Peace and Common Pleas, by law to have been holden
at Ipswich, within and for the County of Essex aforesaid,
be and hereby are adjourned, to be holden at ^aid Ipswich,

Resolves, 1801. — January Session. 535

on the fourth Tuesday of March instant ; and all Writs
Recognizances, Warrants and other processes issued and
depending before the said Courts ; and all matters and
things pending before the said Courts, that might have
been heard and determined at the usual time by law for
holding the said Courts, be and hereby are ordered and
directed to be returned heard, and proceeded on at the
time appointed by this Resolve for holding the said Courts
in the County aforesaid, in like manner as they might
have been at the time by law for holding the said Courts,
if the same had not been adjourned ; of which all con-
cerned are to take notice and govern themselves accord-
ingly, any law of this Commonwealth to the contrary
notwithstanding.

And it is further Resolved, that the Sheriff of the said
County, or his Deputy, is hereby directed to notify the
County of this Resolve, by posting a copy thereof at some
public [e] house within each town within the same ; or by
publishing the said Resolve in all the public newspapers
printed in said County, six days at least before the day
appointed by this Resolve for holding said Courts.

March 8, 1802.

Chapter 118.

RESOLVE ON THE PETITION OF ALEXANDER BARR OF PORT-
LAND.

On the Petition of Alexander Barr, of Portland, in the
County of Cumberland, joiner, Guardian to William King-
man, a minor, and son of Seth Kingman, of said Portland,
Cabinet maker, praying that he may be authorised to
make sale of one undivided moiety of a small house, in
a very ruinous condition, and a small piece of land situate
on the southerly side of Ann Street, in Boston in the
County of Suffolk, and bounded westerly and southerly
by a lane or passage way of about four feet wide, which
is held in common by the said William and One Gordon ;
easterly by land belonging to the widow Martin, and
northerly in front on said street ; the same being the
property of said minor.

Resolved, for reasons set forth in said Petition that the
said Alexander Barr, Guardian as aforesaid be and hereby
is authorised and impowered to sell and by deed convey
the whole of the said minor's interest in the said real

536 Resolves, 1801. — January Session.

estate, for the most the same will fetch ; he the said
Alexander Barr first giving bond to the Judge of Probate
for the County of Suffolk, to account for and make pay-
ment of the proceeds of the said sale according to law,
and in other respects to observe the rules and directions
of law in the sale of real estate by Executors and Admin-
istrators. March 8, 1802.

Chapter 119.

RESOLVE FOR THE FURTHER DISPOSAL OF THE MAPS OF
MASSACHUSETTS.

Resolved that the Secretary be and he is hereby directed
to cause a further distribution of the Maps of the Com-
monwealth of Massachusetts to be made as follows —
vizt. To the Attorney General, the Solictor General, the
Quarter Master General, the Adjutant Genl. the Major
Generals of each Division of the Militia in this Common
wealth and to the Treasurer of each County, one sett each
to and for the use of said Officers and their Successors in
the Offices aforesaid. To the Clerk of the Court of Ses-
sions in each County one sett for each Court-house, to
and for the use of the Court of Sessions, to be kept where
said Court shall direct — to the Judges of the Supreme
Judicial Court one sett each. To the President of the
United States one sett — to the Senate and House of
Representatives of the United States one sett each — and
to the Library of Congress one sett —

And it is further Resolved, that each Member of the
present General Court shall be entitled to receive from
the Secretary one sett. March 8, 1802.

Chapter 120.

ORDER TO THE SECRETARY TO DELIVER MAPS TO HIS EXCEL-
LENCY THE GOVERNOR AND THE HONORABLE COUNCIL, AND
TO THE SECRETARY AND TREASURER.

Ordered that the Secretary be and he hereby is directed
to deliver to His Excellency the Governor — to the widow
of the late Lieutenant Governor Phillips — to each Mem-
ber of the honorable Council, to the Secretary & Treasurer
of the present year one set of Maps of this Commonwealth
to each. March 8, 1802.

Resolves, 1801. — January Session. 537

Chapter 121.

RESOLVE ON THE PETITION OF SALEM TOWN AND OTHERS, DI-
RECTING THE TREASURER TO DISCHARGE SAID TOWN AND
CALEB AMMIDON FROM THE PAYMENT OF THE INTEREST ON
THE NOTE MENTIONED.

On the petition of Salem Town Luther Ammidon and
Calvin Ammidon Administrators on the Estate of Caleb
Ammidon Esqr. Deeeasd. praying for a descharge of the
Interest of a Certain Note of hand payable by them to
the Treasurer of this Commonwealth for the Sum of five
hundred dollars.

Resolved for reasons set forth in said petition that the
Treasurer of sd. Commonwealth be, and he is hereby
directed, to discharge the said Salem Town and Caleb
Ammidon from the payment of the Interest due on said
note, any Law or Resolve to the Contrary notwithstanding.

March 8, 1802.

Chapter 122.

RESOLVE GRANTING TO PELEG COFFIN, ESQ. TREASURER, 12
DOLLARS 77 CENTS, FOR THE REPAIRS OF THE HOUSE AP-
PROPRIATED FOR THE USE OF THE GOVERNOR.

Whereas the Treasurer of this Common wealth has
laid before this court his account for money expended
(since the fifth day of March last) in repairing the House
appropriated to the use of the Governor, which account
appears to be well vouched & right cast :

Resolved that the sum of twelve dollers & seventy seven
cents be & hereby is granted, to be paid out of the Treas-
ury of this Common wealth to the Honble. Peleg Coffin
Esq. Treasurer aforesaid, which sum, together with six
hundred & forty seven dollers & fifty nine cents which he
has already received, is in full of his account for altering
& repairing said house. . March 8, 1802.

Chapter 123.

RESOLVE ON THE PETITION OF JACOB KUHN, GRANTING HIM
70 DOLLARS FOR EXTRA SERVICES.

On the petition of Jacob Kuhn messenger to the gen-
eral court.

Resolved that the sum of seventy dollers be & hereby

538 Resolves, 1801. — January Session.

is granted, to be paid out of the Treasury of this Com-
monwealth to Jacob Kuhn messenger of the general court,
in full for his extra service in attending on the committee
of valuation since the first of November last.

March 9, 1802.

Chapter 124.

RESOLVE APPOINTING A COMMITTEE OF BOTH HOUSES TO MARK
OUT THE ROUTE WHEREON THE TURNPIKE ROAD, FROM THE
COURT HOUSE IN DEDHAM TO PAWTUCKET BRIDGE, SHALL
BE ERECTED, AGREEABLE TO A LATE ACT.

Resolved that Salem Town Esqr. Mr. Kendall & Mr.
Rice of Hing-ham be a Committee to direct and mark out
the route whereon the Turnpike road from the Court
House in Dedham to Pawtucket Bridge, shall be erected,
and made, agreeably to the Act entitled an Act establish-
ing the Norfolk and Bristol Turnpike Corporation — such
Committee to be compensated for their services by said
Corporation. March .9, 1802.

Chapter 125.

RESOLVE GRANTING TO ABRAHAM BARTLETT 70 DOLLARS FOR
HIS SERVICES FOR THE COMMITTEE OF VALUATION.

Resolved that there be allowed and paid out of the
Treasury of this Commonwealth, To Abraham Bartlett,
Seventy Dollars for thirty five Days writing for the Com-
mittee on valuation — In full for Said Services.

March .9, 1802.

Chapter 126.

RESOLVE GRANTING 20 DOLLARS PER ANNUM TO ANNE STOW.

On the petition of Anne Stow, a distressed widow and
relict of Aaron Stow, late of Grafton, in the County of
Worcester, deceased, shewing that the said Aaron was
killed in the month of September 1800, while doing duty
as a soldier in a company of militia commanded by Capt.
Goulding — and praying that some provision be made
towards the support of herself, and four small children,
one of whom was born after the death of her said hus-
band.

Resolved, for reasons set forth in said Petition that
there be paid out of the Treasury of this Commonwealth,

Resolves, 1801. — January Session. 539

to the said Anna Stow, computing from the day of the
death of said Aaron, the sum of twenty dollars per an-
num, during her remaining the widow of said deceased,
and no longer. And His Excellency the Governor, with
advice of Council, is requested to issue his Warrants
from time to time accordingly. March 10, 1802.

Chapter 127.

RESOLVE ALLOWING THE QUARTER MASTER GENERAL'S AC-
COUNTS, AND MAKING A GRANT TO HIM.

The Committee of both Houses, to whom were referred
the Returns of the Ordnance and Military Stores, belong-
ing to the Commonwealth, and also the accounts of the
Quarter Master General, for the year 1801, Report —

That they have examined the Returns of warlike appara-
tus, and notice with pleasure, the valuable Train of Artil-
lery, consisting of One hundred & five brass, and twenty
two Iron field pieces, complete for immediate service.
But your Committee observe with pain, the utter defi-
ciency of muskets, in the Arsenals, consisting only of
Three hundred & forty, fit for service. The quantity of
Powder is also incompetent to supply any sudden demand.
The Comittee conceive it to be their duty to submit this
important subject to the serious consideration of the
Legislature.

In examining the Quarter Master General's accounts,
the Committee find, that there was granted, for the ser-
vice of the last year, the sum of Ten thousand five hun-
dred Dollars, to which is to be added the sum of six
hundred & sixty nine Dollars & forty nine cents, having
been received by him, for the sale of Public property,
amounting in all, to Eleven thousand, One hundred &
sixty nine Dollars, and forty nine cents. Of these sums,
Ten thousand, three hundred & fifty nine Dollars & twenty
cents, have been expended for the Public service, leaving
in his hands a balance of Eight hundred & ten Dollars &
twenty nine cents. The Committee have examined the
items of this account, and find them well vouched & right
cast.

The Comittee have also examined his estimate, for the
service of the year 1802, amounting to Nine thousand
seven hundred and twent}r three Dollars. But as there
are no items in this estimate, — but for specific objects,

540 Resolves, 1801. — January Session.

the Committee are of opinion, that it would be proper to
grant, for the services of the Quarter Master Generals
Department, for the present year, the sum of Ten thou-
sand Dollars, in which however is to be included, the sum
of Eight hundred and ten Dollars & twenty nine cents,
being the balance remaining in his hands.

The Committee are also of opinion, that it would be
proper that the Quarter Master General should be fur-
nished with a sett of Maps & Laws of the Commonwealth,
for which he should be responsible.

The following Resolve is also submitted,

SALEM TOWN, Pr. order.

Resolved That Amasa Davis, Esq., the Quarter Master
General be, and he hereby is discharged from the sum of
Ten thousand, three hundred & fifty nine Dollars & twenty
cents, expended by him out of the sums received upon the
Warrants, and sales of public property from the 20th
February 1801, to the 29th January 1802, and that there
be allowed & paid out of the Treasury to the said Amasa
Davis Esq. the sum of Nine thousand One hundred &
Eighty nine Dollars & seventy one Cents, which with the
sum remaining in his hands of Eight hundred & ten Dol-
lars & twenty nine cents, amount to Ten thousand Dollars,
for defreying the charges & expenditures of the Quarter
Master Generals Department for the current year, he to
be accountable for the same. March 10, 1802.

Chapter 128.

RESOLVE ON THE PETITION OF THOMAS MONKHOUSE, AUTHOR-
IZING THE COMMITTEE ON EASTERN LANDS TO EXECUTE A
NEW CONTRACT. ON THE CONDITIONS AND RESERVATIONS
EXPRESSED IN THE FORMER CONTRACT.

On the Petition of Thomas Monkhouse praying for a
further time for the purformance, on his part of the con-
tract made with the then Committee for the sale of East-
ern lands on the 2d day of March 1795 by Harrison Gray
Otis, & now Assigned to sd. Monkhouse for Township
Number seven in the Eighth Range of Townships lying
North of the Waldo Patent between the Rivers Kennebeck
and Penobscot.

Resolved, That the Honorable John Read & Peleg
Coffin Esqr., the Commonwealths Agents for the fulfilling
and performing the contracts of the said Committee for
the sale of Eastern lands, be and they hereby are empow-
erd & directed to execute a new contract with said Monk-

Kesolves, 1801. — January Session. 541

house for the sale of said Township of land subject to the
conditions & reservations expressed in the former con-
tract, he paying to the said Agents within three months
from the passing this Resolve compound Intrest on the
principal sum stipulated to be paid for said Township,
up to the time of payment of such Intrest and giving
to said Agents satisfactory security for the ballance of
said principal sum payable in three Yearly instalments of
one third each with Intrest ; And upon such payments
being made, such Agents are hereby Authorized & em-
powerd, to execute to said Monkhouse his Heirs or As-
signs, a good & sufficient Deed of said Township of land
according to the tenor of their Contract.

March 10, 1802.

Chapter 129.

RESOLVE ON THE PETITION OF THE SOCIETY FOR PROPAGATING
THE GOSPEL AMONG THE INDIANS AND OTHERS GRANTING
THEM 500 DOLLARS.

On the Petition of the Society for Propagating the
Gospel among the Indians & others ; Representing that
the continuance of the Aid of Government is necessary
to the efficacy of their Exertions for the purposes of their
Institution — and it appearing that the said Society have
expended three hundred & eighty dollars of the five hun-
dred granted them by a Resolve the 20th day of Feby.
1798 Therefore

Resolved that the sum of five hundred dollars be granted
to the said Society & paid out of the Treasury of this
Commonwealth To be expended by them in furnishing &
providing such of the Inhabitants of this Commonwealth
as are destitute by their situation & circumstances of In-
struction in Religion Morality & common School learning
with the necessary means of obtaining these important
ends — They to render an account for the same.

March 10, 1802.

Chapter 130.

RESOLVE REMITTING TO THE TOWNS OF TRENTON, SULLIVAN,
AND BANGOR; TO SAMUEL FOSTER, LATE COLLECTOR OF EX-
CISE FOR SUFFOLK CO.; AND TO CALEB HYDE; THE SEV-
ERAL SUMS MENTIONED, AND DIRECTING THE TREASURER
TO DISCHARGE THEM.

Resolved that there be Remited to the Town of Trenton
the Sum of two hundred and Sixteen Dollars & two Cents,

542 Resolves, 1801. — January Session.

it Being the Amount of The Debt Due from Said Town
on taxes No. 6, 7 & 9. That there be remited to the
Town of Sullivan, the Sum of one hundred Dollars
Eighty three Cents, it Being the Amount of the Debt Due
from Said Town on tax No. 6, & that there be Remited to
the Town of Bangor the Sum of one hundred & forty one
Dollars forty Cents it Being the Amount of the Debt Due
from Said Town on taxes No. 6 & 7. That there be re-
mitted to Samuel Foster late Collector of Excise for the
County of Suffolk, the Sum of nine hundred and ninety
three Dollars Eighty three Cents the Balance Due from
the Said Samuel To the Commonwealth — that there be
Remitted to Caleb Hyde Late Sheriff of the County of
Berkshire one thousand four hundred and fifteen Dollars
and Sixty nine Cents, which Sum Stands Charged to the
Said Hyde on the Treasury Books : and the Treasurer is
hereby authorised and Directed to Discharge the Said
Towns, and the Said Samuel & Caleb from the Sums afore-
said. March 10, 1802.

Chapter 131.

RESOLVE ON THE PETITION OF HENDRICK WILLIAM BRESSEE,
AUTHORIZING THE JUDGE OF PROBATE FOR SUFFOLK CO. TO
DIRECT THE COMMISSIONERS ON MUNGO MACKAY, JUNIOR'S
ESTATE TO SET AGAIN.

On the Petition of Hendrick William Bressee of Suri-
nam in South America, merchant.

Resolved, that the Judge of Probate in and for the
County of Suffolk is hereby Authorised to direct the Com-
missioners on the Estate of Mungo Mackay Jun. Deceased
— again to set — and allow a further time of Four Months,
to the Creditors of said Estate to exhibit their Claims.

March 10, 1802.

Chapter 132.

RESOLVE ON THE EASTERN BOUNDARY LINE OF THE COMMON-
WEALTH.

Whereas in the settlement of the Line, seperating this
Commonwealth from the British Province of New Bruns-
wick, made by the Commissioners of the United States
and of the King of Great Britain, no actual survey thereof
was made, and no fixed boundaries ascertained, from the
monument placed at the head of the Waters, which empty
into the river St. Croix, on the northerly course of said

Resolves, 1801. — January Session. 543

line ; And whereas no actual survey has been made of the
line of Division between this Commonwealth & the British
Province of Lower Canada ; And whereas also the juris-
diction of certain islands in or near Passamaquoddy Bay
is disputed and unascertained ; And it is highly important
that the lines aforesaid be defined by actual survey, and
the jurisdiction of said islands ascertained, for the security
of individual settlers and the prevention of future disputes
between the two nations : Therefore,

Resolved, That his Excellency, the Governor, be, and
he hereby is, requested to represent to the Government
of the United States, the urgent necessity of defining the
aforesaid boundary lines by actual survey and marking
the same by fixed monuments, & of ascertaining the juris-
diction of said islands ; and to request that Commission-
ers may be appointed on the part of the United States, &
measures taken to procure the appointment of such Com-
missioners on the part of the British Government, to
effectuate the purposes aforesaid ; that all misunderstand-
ings between the two nations, touching said boundary
lines & juris [dis] diction may hereafter be happily avoided.

March 10, 1802.

Chapter 133.

RESOLVE ESTABLISHING THE PAY OF CHAPLAINS AND CLERKS
OF BOTH HOUSES.

Resolved That there be allowed & paid out of the pub-
lic Treasury to the Revd. Peter Thacher Chaplain of the
Senate Sixty Dollars — to the Revd. Thomas Baldwin ;
Chaplain to the House of Representatives Sixty Dollars
— to Mr. George E. Vaughan Clerk of the Senate Three
hundred & fifty Dollars — & to Henry Warren Esq. Clerk
of the House of Representatives Three hundred & fifty
Dollars — in full for their services aforesaid respectively
the present year. And that the Treasurer be & he is
hereby directed, on recieving a warrant therefor to pay
the same accordingly. March 10, 1802.

Chapter 134.

RESOLVE ON THE PETITION OF NATHAN SMITH, AND GRANT TO.

On the Petition of Nathan Smith, praying for relief on
Account of his sufferings by a Gun shot wound, received
while in the pursuit of his lawful business.

544 Resolves, 1801. — January Session.

Resolved for reasons set forth in said petition, that
there be paid out of the Treasury of this Commonwealth,
to the said Nathan Smith, thirty five dollars and fifty
cents the amount of his Doctor's bill, and One hundred
dollars more to relieve him and his family under their
misfortunes. March 10, 1802.

Chapter 135.

RESOLVE GRANTING 100 DOLLARS TO THOMAS WALLCUT FOR
WRITING FOR THE COMMITTEE OF VALUATION.

Resolved that there be allowed & paid out of the public
Treasury, to Thomas Wallcut, One hundred Dollars in
full for Fifty days service employed in writing for the
Committee on the Valuation. March 10, 1802.

Chapter 136.

RESOLVE GRANTING 106 DOLLARS TO THOMAS WALLCUT FOR
HIS SERVICES AS ASSISTANT CLERK TO THE HOUSE OF
REPRESENTATIVE S .

Resolved that there be allowed & paid out of the Public
Treasury One hundred & six Dollars to Thomas Wallcut,
in full for his services as Assistant Clerk of the House of
Representatives the present Session, including four days
writing done previous to the Session. March 11, 1802.

Chapter 137.

RESOLVE GRANTING 161 DOLLARS TO EDWARD P. HAYMAN
FOR HIS SERVICES AS ASSISTANT CLERK OF THE SENATE.

Resolved, that there be allowed and paid out of the
Treasury of this Commonwealth to Edward P. Hayman,
Assistant Clerk of the Senate, the sum of One hundred &
sixty one dollars, in full for his services the present session
of the General Court. March 11, 1802.

Chapter 138.

RESOLVE ON THE PETITION OF JONATHAN JOHNSON.

On the petition of Jonathan Johnson of Westford in
the County of Middlesex, representing his being captured
by the Indians during the late Revolutionary War, while
he belonged to the Massachusetts line of the army, and
having given satisfactory evidence of his being detained a

Resolves, 1801. — January Session. 545

prisoner for upwards of three years, and enduring every
supportable hardship — and he being now in great indi-
gence of circumstances ; therefore,

Resolved that there be allowed & paid out of the Treas-
ury of this Commonwealth, to the said Johnson, the sum
of fifty Dollars, as an indemnification for his great suffer-
ings. March 11, 1802.

Chapter 139.

RESOLVE GRANTING PAY TO THE COMMITTEE ON ACCOUNTS.

Resolved, that there be Paid out of the Publick Treasury
of this Commonwealth to the Committee appointed to ex-
amine & Pass on Accounts, for their attendance on that
service during the Present Session, the sums annexed to
their Names, In Addition to their Pay as Members of the
Legislature : vizt. to the Hon. Isaac Thompson, Fifty days
the sum of twenty five Dollars to the Hon. Thomas Hale
Forty six days the sum of twenty three Dollars to Samuel
P. Russell Esq. Twenty -Nine days, the Sum of fourteen
Dollars & fifty cents to Timothy Jackson, Esq. Forty five
days, the Sum of twenty two Dollars & fifty cents; and
to Ezra Starkweather, Esq. nineteen days, the sum of
nine Dollars & fifty cents, Which sums shall be in full for
their services aforesaid. March 11, 1802.

Chapter 140.

RESOLVE AUTHORIZING THE ASSESSORS OF THE TOWN OF
ELLSWORTH, IN THE COUNTY OF HANCOCK, TO ASSESS THE
INHABITANTS.

Resolved that the assessors of the town of Ellsworth in
the county of Hancock be & they hereby are authorized &
required to assess on the polls & Estates of the Inhabitants
of said town, and on the non resident owners of land within
the same, the sum of forty seven dollars & eighty cents,
which sum is to be assessed & collected in the same man-
ner that the State tax for the year eighteen hundred &
two is to be assessed, & collected in the said town of
Ellsworth ; and the constable, or collector to whome such
assessment shall be committed, shall pay the aforesaid
sum of forty seven dollars & eighty cents into the treas-
ury of the town of Trenton, on or before the first day of
April in the year eighteen hundred & three, & shall take
duplicate receipts of the Treasurer of sd. Town for the

546 Resolves, 1801. — January Session.

same, one of which he shall lodge in the clerks office in
the said town of Ellsworth ; which sum when paid as
aforesaid shall be in full for the said town of Ellsworths
proportion of the said towns state taxes for the years
Eighteen hundred & eighteen hundred & one.

March 11, 1802.

Chapter 141.

RESOLVE GRANTING TO THE ATTORNEY GENERAL 400 DOL-
LARS, FOR CERTAIN PURPOSES.

Resolved, That there be paid out of the public Treasury
to the Attorney General of this Commonwealth a sum,
not exceeding four hundred Dollars, to enable him to de-
fray the Expences, which may arise in the appointment of
Referees, to determine the suit now pending between the
Inhabitants of the Town of Boston and the Commonwealth,
on the partition of the Old State house, with all other
incidental expenses, which may accrue in the settlement
of said Suit. And his Excellency the Governor, with the
advice of Council, is hereby authorized to issue his war-
rant on the Treasury for such parts of said sum of four
hundred Dollars, as the Attorney General may from time
to time represent, as necessary, for the aforesaid purpose
— he to accourt for the same. March 11, 1802.

Chapter 142.

RESOLVE ON THE PETITION OF ABEL BOYNTON, EMPOWERING
HIM TO SELL CERTAIN ESTATE.

On the Petition of Abel Boynton Guardian of William
Brabrook & Nancy Brabrook Minors, praying for liberty
to sell half a House & about half an Acre of Land on
which the same stands it being all the Real Estate of said
Minors, & situated in the Town of Westford & County
of Middlesex.

Resolved for Reasons set forth in said Petition that the
said Abel be & he hereby is authorized & empowered to
sell & convey the Real Estate aforesaid, in the same man-
ner, & under the same rules restrictions & conditions, as
Guardians are by Law subject to, in making sale of real
estates belonging to Minors. March 11, 1802.

Resolves, 1801. — January Session. 547

Chapter 143.

RESOLVE ALLOWING THE ACCOUNT OF PARK HOLLAND AND
GRANTING HIM 142 DOLLARS 16 CENTS FOR CERTAIN PUR-
POSES.

Whereas Park Holland, Esq. has laid his account before
this Court, agreeably to a Resolve passed on the seventh
day of March, one thousand, eight hundred and one :

Resolved, that the said account be and hereby is allowed ;
and that the sum of one hundred and forty two dollars and
sixteen cents, the balance thereof be paid out of the Treas-
ury of this Commonwealth to the said Park Holland, Esq.
And His Excellency the Governor with advice of Council,
is requested to issue his Warrant on the Treasury accord-
ingly. March 11, 1802.

Chapter 144.

RESOLVE AUTHORIZING THE FORMER AGENTS OF THE NEW
STATE HOUSE TO MAKE THE NECESSARY REPAIRS TO THE
ROOF.

Resolved, That Edward H. Bobbins, Thomas Dawes, &
Charles Bulfinch Esqrs. be & they are hereby authorized
& empowered to examine the Roof of ye new State House,
& to put ye same into such repair, as they shall judge nec-
essary for the preservation of ye same & to lay their ac-
counts for allowance & Payment before ye next general
Court. March 11, 1802.

Chapter 145.

RESOLVE RESPECTING THE DOME OF THE STATE HOUSE, AU-
THORIZING THE FORMER AGENTS TO SECURE THE SAME
FROM DANGER OF FIRE, ETC.

Resolved That Edward H. Robins, Thomas Dawes &
Charles Bulfinch Esqrs. Agents of this Commonwealth for
erecting the New State House, be & they hereby are fully
authorised & impowered, in Order to secure the Dome of
the said Building from the Danger of Fire, & from the
Effects of the Weather, to cause the same to be sheathed
with suitable Copper & to cover the Platform on which
the Lantern stands with thick Sheet Lead.

And be it farther resolved That the said Agents be &
they hereby are farther empowered to place in the Well
in the State House yard a Pump of such a Construction

548 Resolves, 1801. — January Session.

as they shall judge most conducive to the public Con-
venience, & most useful in Case of Fire.

And be it farther Resolved That the Sum of four thou-
sand Dollars shall be paid out of the Treasury of the
Commonwealth to the said Agents by Warrant from the
Governor, for the Purposes aforesaid, they to be account-
able for the Expenditure of the same. March 11, 1802.

Chapter 146.

ROLL NO. 46.

The Committee on Accounts, having examined the ac-
counts they now present :

Report, That there are due to the corporations and per-
sons hereafter mentioned, the sums set to their names
respectively, which, if allowed and paid, will be in full
discharge of said accounts, to the dates therein mentioned.
Which is respectfully submitted,

ISAAC THOMSON, Per order.

Pauper Accounts. D. c.

To the town of Adams for boarding cloathing and nursing
Orpah Estes, Catharine an Indian, and Freeman Blakely
to Jany. 30th 1802 108 41

To the town of Abington for supplies for Margaret Benner

to January 1 st 1802 38 67

To the town of Attleborough for boarding, cloathing, doc-
toring, and nursing Lamond Gibson to his death includ-
ing funeral charges, & John Quindly to June 26th 1800,
and Clarissa Kelley & child to January 25th 1801, and
Benjamin Maxey to January 20th 1800 and Samuel Bates
and family to December 1st 1800 and for removing them
out of the Commonwealth ....... 213 40

To the town of Alford for boarding & cloathing William

Maxfield to Deer. 25th 1801 75 97

To the town of Ashby for supporting John Franklin and

wife, two negroes, to February 21st 1802 . . . . 64 25

To the town of Brimfield for boai'ding and cloathing John

Wakely to Jany. 4th 1802 63 17

To the town of Bridgewater for boarding Henry Ash to

January 1st 1802 62 70

To the town of Boxford for boarding, cloathing, and nurs-
ing Catharine Welsh and Mehitable Hall to January 2d
1802 118 32

To the town of Belchertown for boarding and cloathing

Betty Demmon to January 20th 1802 . . . . 52 30

To the town of Boxborough for boarding John Kennedy to

January 7th 1802 75 93

To the town of Buckland for boarding John Wilkie to Jan-
uary 11th 1802 67

To Josiah Bartlett for doctoring sundry paupers in the town

of Charlestown to December 31st 1801 . . .. . 77 33

Eesolves, 1801. — January Session. 549

To the town of Blanford for boarding, cloathing, doctor-
ing, and nursing James Carter to January 9th 1802 . . 76 65

To the town of Beverly for boarding, cloathing, doctoring,
& nursing Morish Nash, Matthias Claxton, James Wal-
lace, and William Green to February 1st 1802 and Jane
McComb to her death including funeral charges . . 221 35

To the town of Brookfield for boarding, cloathing, and doc-
toring Luke Phinny and wife, and Cato Kinn to January
1st 1802 108 29

To the town of Barre for boarding and cloathing John

Christian Dandrick to Jany 1st 1802 . . . . 38 68

To the town of Billerica for supplies for Michael Taylor to

January 30th 1S02 42 21

To the Board of Health for the town of Boston for board-
ing, doctoring, and nursing on Ransford Island, the fol-
lowing persons, viz. — Mitchell William Smith, Lois Tal-
bot, Fanny Talbot, Roda Durf ee, Trudy Gilbert & two chil-
dren, and John Hornbrook, including funeral charges, to
February 16th 1802 228 50

To the town of Boston for boarding, cloathing, and nursing
sundry paupers to December 1st 1801 including funeral
charges .... .... 2668 98

To the town of Berwick for boarding & cloathing Ambrose
Vickery to February 1st 1802 39 47

To John Bartlett for Medicine and attendance on sundry

Paupers in Roxbury to January 1st 1802 . . . . 17 50

To John Brewer 40 07 ^

& John Balham 52 93 |

in full for supplies for Richard Pomeroy (by the re- }> 93
quest of the Selectmen of Eastport, to Jany. 10th
1802 J

To the town of Conway for boarding & cloathing John

Atsatt to January 22d 1802 57 35

To the town of Colrain for boarding & cloathing William
Wilson, William Osborn, & Rachel Carrto Jany. 1st 1802
and for supplies for Henry Rogers, including Dr. Langs
Bill to the same time 156 88

To the town of Charlemont for boarding and cloathing
Abraham Bass to Jany. 8th and Dennis Kennedy to Jany.
22d 1802 107 69

To the town of Castine for supplies to his death, including

funeral charges, for James Butler 6 50

To the town of Cambridge for boarding cloathing and doc-
toring Peggy Conden to Jany. 28th 1802 . . . . 60 19

To the District of Carlisle for boarding cloathing and doc-
toring Robert Barber & Matthew Jemerson to Jany. 30th
1802 96 76

To the town of Charleton for boarding cloathing and doc-
toring Thomas Adams to Jany. 1st 1802 .... 64 16

To the town of Chelmsford for boarding, cloathing, and
doctoring the widow of John McClcnny & her child to
January sth 1802 61

To the town of Charlestown for boarding and cloathing
Mary Park & her son & daughter and Jonathan Nickles
to Jany. 1st 1802 & said Nickles's wife to her death includ-
ing funeral charges 164 08

550 Resolves, 1801. — January Session.

To William Coffin for doctoring and medicine for sundry

Paupers in the town of Gloucester to Jany. 30th 1802 . 125

To the town of Concord for supporting William Shaw
James McDaniels and John Lawley to January 9th 1802
including Doctors Bills 81 92

To the town [of] Dighton for boarding & nursing David
Okelly to Jany. 14th 1802 & Ca;sar Conecticut to his
death including funeral charges 26 81

To the town of Douglass for boarding cloathing & nursing

Poladore Dixon to his death including funeral charges . 50

To the town of Durham for boarding cloathing, & nursing
John Johnson's family to January 1st 1802 & Isaac Gra-
ham to his death including funeral charges . . . 172 57

To the town of Deerfield for boarding and Cloathing Sam-
uel Ray to his death including funeral charges . . 66 79

To the town of Danvers for boarding cloathing, doctoring
and nursing John Julius Hires to Jany. 23d 1802, and
John Woodman & Jerusha Bird to Feby. 3d 1802 . . 140 26

To the town of Dunstable for Doctoring and boarding

Margaret Lane to Feby. 1st 1802 46 40

To the town of Duxbury for boarding & cloathing Deborah

Blinkins an Indian woman to May 11th 1800 . . . 85 64

To the Plantation of Ducktrap for boarding cloathing, doc-
toring, and nursing, Isabella Woodberry to January 20th
1802 46 15

To the town of Dedham for boarding & cloathing Ellenor

Cargill & Robert Clue to Jany. 1st 1802 . . . . 52 75

To the town of Deer Isle for boarding, doctoring and nurs-
ing Thomas Cutter and for removing him to the State of
New hampshire . . . . . . . . . 91 48

To the town of Dorchester [for] boarding, cloathing and
nursing Mrs. Thornton to 'her death including funeral
charges, Caleb Barker to Octr. 4th 1801, James Hitchard
to Deer. 14th 1801, & John Stephen Homans & John
Robinson to Feby. 23d 1802 138 10

To the town of Egremont for boarding & [and] cloathing

Mary Daley & her three Idiot children to January 12th 1802 248

To the town of East-Sudbury for supplies for John Thorn-
ing to Jany. 26th 1802 45

To the town of Falmouth for boarding, doctoring and nurs-
ing Matilda Jones to her death including funeral charges 25 17

To the town of Freetown for boarding, cloathing, and doc-
toring Francis Brow to Feby. 14th 1802 . . . . Ill 54

To Constant Freeman Keeper of the Alms-house in Boston

to December 1st 1801 198 84

To the widow Christian Foster for expences & doctors bill
in the last sickness of her husband David Foster, he be-
ing a Pensioner, including funeral charges ... 36

To the town of Gorham for boarding, cloathing, doctoring,
and nursing Mehitable Hussey to her death including
funeral charges ......... 70

To the town [of] Greenville for boarding and doctoring

Thomas Williams & his wife to Jany. 17th 1802 . . 90 03

To the town of Great-Barrington for boarding and cloath-
ing Isaac Hoose, Mary Hoose, Catharine Hoose, & Tom
a negro to Jany. 2d 1802 112 90

Resolves, 1801. — January Session. 551

To the town of Granby for boarding and cloathing Ebenr.
Derwin and John Murry to January 25th 1802

To the town of Groton for boarding, cloathing, doctoring
and nursing John C. Wright, his wife and child, John W.
Benterodt his wife & child, & Edward McLane to Jany.
10th 1802

To the town of Goshen for boarding & cloathing and doc-
toring Meriam Lampheer to Jany. 7th 1802

To the town of Greenfield for boarding & cloathing and
doctoring John Battis, & Eunice Convers to Jany. 4th
1802 including funeral charges for said Battis .

To the town of Georgetown for boarding & cloathing
Nicholas Hunabry to Jany. 19th 1802 ...

To the town of Gouldsborough for boarding & nursing
Robert Caise to his death including funeral charges

To the town of Gloucester for boarding, cloathing, and
nursing sundry paupers to Novr. 10th 1801. and Dennison
Doget to December 14th 1801, Thomas Gardner to his
death including funeral charges

To the town of Gill for supplies & Doctoring Peter Mange
to Feby. 2d 1802

To James Goss for doctoring & medicine for sundry pau-
pers in the town of Gloucester to Januaiy 1st 1802 .

To Oliver Hartshorne Keeper of the Prison in Boston for
dieting Martin Coster to Jany. 2d & Thomas White to
March 2d 1802

To the town of Hawley for boarding & cloathing Thomas
Oakes to Jany 1st 18U2

To the town of Hadley for boarding, cloathing doctoring
and nursing Mary Battis to Jany. 1st 1802 and Francis
Trainer to his death including funeral charges . . 90 80

To Joseph Hodgkins Keeper of the house of Correction in
Ipswich in the County of Essex, for boarding and cloath-
ing sundry paupers to Jany. 18, 1802 ....

To the town of Hopkinton for boarding and cloathing
James Roach to Feby. 18th 1802

To the town of Hallowell for boarding and cloathing
Rachel Cummings, & George Frost a foundling child to
Jany. 1st 1802

To the town of Holliston for boarding and cloathing James
Lewis to Feby 6th 1802

To the town of Hardwick for boarding, cloathing, doctoring,
and nursing David Chamberlain to Deer 28th 1801 and
John Veal to his death including funeral charges . . 186 75

To the town of Ipswich for boarding & cloathing John
Miller to June 12th 1801, William Broadbent to Jany. 1st
Dinah Higgins to Jany 15th Peter Agar to Feby 3d 1802
and Dennis Gullahul to her death including funeral charges

To the town of Kingston for boarding and cloathing Thomas
Kittredge to Jany. 15th 1802

To the town of Lenox for boarding, cloathing John Howe,
Christopher Crow, Abraham Palmer and his two children
to Jany. 14th 1802 .

To the town of Leyden for supporting and doctoring William
Lewis to Novr. 19th 1801 & Jedediah Fuller & family to
Jany. 16th 1802

305

916

73 84

247

157

154

It 2

310

203

552 Kesolves, 1801. — January Session.

To the town of Lancaster for boai'ding, nursing and doctor-
ing Orpah Hall to Feby. 14th 1801 47 25

To the town [q/*] Lanesborough for boarding, nursing, and
doctoring Samuel Koppin to his death including funeral
charges, and John Young to January 1st 1802 . . . 117 21

To the town of Lincoln for boarding, & cloathing Thomas

Pocock to February 1st 1802 66 48

To the town of Milton in addition to an allowance made

them last June for boarding and nursing John Gray . 7

To the overseers of the Marshpee Indian Plantation for
boarding and cloathing George Homes and George
George to Jany. 1st 1802 94 50

To the town of Mendon for supplies for John Hunt to Jany.

11th 1802 50 73

To the town of Methuen for supplies for Thomas Pace to

Jany. 1st 1802 45 98

To the town of Milford for boarding & cloathing Hosea

Dixon & Ebenezer Torry to Jany. 18th 1802 . . . 85 25

To the town of Manchester for boarding & cloathing and
doctoring Thomas Douglass & Caty Grovely to Feby. 2d
1802 175 36

To James Mann for doctoi'ing & medicine for Peggy Tay-
lor in Wrentham to Deer 6th 1801 10

To the town of Marlborough for boai'ding, cloathing doctor-
ing and nursing James Webster to his death including
funeral charges, & Joseph Waters to Jany. 1st 1802 . 109 39

To the town of Marblehead for supporting and doctoring
James Obrien to Sepr. 18th and Geoi-ge Lynch to Novr.
12th 1801 54 37

To the town of Marshfield for supplies for Peggy Mitchell

to April 1st 1801 11 79

To the town of New-Marlborough for boarding cloathing,
doctoring & nursing Nathl. Curtis wife and son to July
28th 1801 104 21

To the town of Nantuckett for boarding cloathing, doctor-
ing, & nursing Nony Hide & child to Deer. 21st 1801 Mary
McCarty & child to June 5th 1801, John Wilbor to Deer.
19th 1801, & D. Costalis & Abraham Smith to their death
including funeral charges 207 76

To the town of New-Sal em for boarding two children of
Jesse Bedient to Jany. 18th 1802 and doctoring and nurs-
ing Moses Hutchens to his death including funeral charges 48 48

To the town of New-Bedford for boarding, cloathing, doc-
toring, and nursing Patience Sydnall and her two children,
& Jos. de Souza to Novr. 18th 1801 and Mary Plumb to
her death including funeral charges 184 19

To the town of Northfield for boarding, cloathing, doctor-
ing and nursing Matthew Robly and wife and two children
to Jany. 26th 1802 54 11

To the town of Newbury for supporting and doctoring
sundry Paupers to January 1st 1802 including funeral
charges 780 52

To the town of North Yarmouth for boarding and cloathing

William Elwell to February 20th 1802 . . . . 95 89

To the town of Newbury Port for boarding cloathing and

doctoring sundry Paupers to December 31st 1801 . . 86134

Resolves, 1801. — January Session. 553

To the town of Northampton for supporting sundry paupers

to February 1st 1802 117 86

To the town of Oxford for boarding cloathing, doctoring,

and nursing Catharine an Indian woman to Jany. 1st 18U2 66 35

To the town of Pownalborough for boarding cloathing, doc-
toring and nursing, Joseph Penrise to his death including
funeral charges 53 08

To the town of Palmer for boarding & cloathing William
Mendon & John Swaney to Jany. 9th 1802 . . . 81 89

To the town of Plymouth for boarding doctoring and nursing

Nathaniel Thomas to his death including funeral charges 96 92

To the town of Partridgefield for supporting Mary Lace to
Novr. 30th 1801 45 56

To the town of Pittsfield for boarding and cloathing Mary

Welsh to Jany. 12th 1802 40 09

To the town of Portland for boarding and cloathing sundry
paupers to Jany. 2d 1802 354

To the town of Rehoboth for boarding & cloathing Ann

Correl & Richard Bolton to Jany. 1st 1802 . . . 47 38

To the town of Rowley for boarding cloathing, doctoring,
& nursing William VVhite and Hannah Harris to Jany. 1st
1802 54 67

To the town of Reading for boarding cloathing, and doctor-
ing Samuel Bancroft" to Jany. 25th 1802 . . . .10160

To the town of Rutland for boarding & cloathing William

Henderson to Feby. 8th 1802 45 65

To the town of Roxbury for boarding, cloathing, doctoring,
& nursing sundry paupers to Jany. 1st 1802 including
funeral charges 697 26

To the town of South-Hadley for supplies and doctoring
for Peter Pendegrass to January 19th 1802 ... 35 56

To the town of Swanzey for boarding cloathing, doctoi'ing,
and nursing three illegitimate children, Deborah Blinkins,
& Esther Church to Jany. 22d 1802 & Fenner Pierce to
her death including funeral charges . . . . 127 41

To the town of Sutton for supplies and doctoring for

Christopher Ambler in full to December 7th 1801 . . 85 50

To the town of Stockbridge for boarding, cloathing and
doctoring Samuel Haney, Joseph Grant, Sarah Hanev,
Sarah Hosford & Jenny Collins, to Deer. 1st 1801 . . 212 08

To the town of Shelburne for boarding & cloathing Francis
Lester to Jany. 18th 1802 37 21

To the town of Salisbury for boarding doctoring & nursing
Catharine Wilson to May 12th 1801 10 50

To the town of Southwick for supplies & cloathing for
George Reed to Jany. 1st 1802 72 50

To the town of Shrewsbury for supplies and doctoring for

Ciesar West and wife to Jany. 25th 1802 .... 35

To the town of Scituate for boarding cloathing and doctor-
ing and supplies for Major Humble, Mary Carlow, &

Elizabeth Brccden to Feby. 3d 1802 100 45

To the town of Stoneham for supporting William Barton

to Feby. 18th 1802 33 75

To the town of Salem for boarding cloathing, doctoring
and nursing sundry paupers to Jany. 4th 1802 including
funeral charges 1172 01

554 Resolves, 1801. — January Session.

To the town of Taunton for boarding, cloathing doctoring,
& nursing Robert Burton & Mary Hazard to their death
including funeral charges & her child George to Deer.
7th 1801 104 51

To the town of Tyringham for supporting Ralph Way &

Ebenr. Ayers to January 1st 1802 70 98

To the town of Upton for boarding Elizabeth Brown to her

death including funeral charges 43 37

To the town of Uxbi'idge for boarding and cloathing David

Mitchell & Betty Trifle to Jany. 20th 1802 . . . 85 71

To the town of Washington for boarding and cloathing

Phebe Clark & William Foster to Jany. 12th 1802 . . 70 60

To the town of Western for boarding & cloathing John

Cane to his death including funeral charges . . . 50 63

To the town of Westford for boarding, cloathing and doc-
toring Elizabeth Wilson to Jany. 1st 1802 . . . 7110

To the town of West-Springfield for boarding and cloathing
Anna Pettee Sophia Howe & John Howe to Jany. 19th
1802 97 75

To the town of West-Stockbridge for supplies and doctor-
ing for John Rowley to his death including funeral
charges . 59 47

To the town of Walpole for boarding & cloathing Partrick
Hancock & Sally Davis, to Jany 1st 1802 & supplies for
David Brows including doctors bill to Feby. 15th 1802 . 158 55

To the town of Woolwich for boarding cloathing and doc-
toring Joshua Fuller to Jany. 1st 1802 . . . . 59 91

To the town of Weston for boarding cloathing and doctor-
ing Nancy Cornwell to Feby. 3d 1802 .... 95

To the town of Windsor for supplies for Henry Smith &
wife to Deer. 14th 1801, & for boarding and cloathing
Benjamin Still's wife to Jany. 9th 1802 . . . . 94 21

To the town of Wilbraham for boarding and cloathing John

Brewer to Jany. 25th 1802 38 75

To the town of Warren for boarding William Moarman to

Jany. 5th 1802 52

To the town of Wells for boarding, cloathing, and nursing

James Propet to Jany 16th 1802 58 68

To the town of Westfield for boarding and cloathing Wil-
liam Davis, James Dewell to Jany. 1st 1802 . . . 89 57

To the town of Wrentham for boarding, cloathing, and
nursing John Harcourt, Peggy Taylor and Betty Taylor
to Jany. 1st 1802 165 53

To the town of Worcester for boarding cloathing, Doctoring
and nursing Joseph King, and supplies for Stephen Tem-
ple & Jack Melvin and Peter Willard to Feby. 9th 1802
and Thomas Butler to his death including funeral charges,
and a sum allowed in addition to the last years account . 280 08

To the town of Westport for expences in removing Daniel

Cory and Benjamin Hurd to the State of Rhode Island . 6 50

To the town of Wareham for boarding Alexander Frazer
to Sepr. 11th 1801 69 16

To the town of Westboi'ough for boarding and cloathing

John Scuddemore to Feby. 15th 1802 . . . . 74 31

To the town of Watertown for supporting Pegg a Mullatoe

woman to Feby. 3d 1802 52

Resolves, 1801. — January Session. 555

To the town of York for boarding & cloathing Edward Per-
kins Sarah Perkins Mary Crocker & Abigail Chappel to
7th January 1802. & William Kearswell, Sarah Kearswell
and Elizabeth Perkins to December 25th 1801 . . .225 58

Total 19799 44

Militia Accounts.

Courts Martial & of Enquiry &c.

I). c.

To William Donnison Adjutant General in full for his ser-
vices to January 1st 1802 633 33

To a Court of Enquiry whereof Major David Tracey was

President held at Great-Barringtoii May 29th 1801 . . 7 43

To a Court Martial wherof Lt. Col John Chandler and
Lt. Col. William Kendall were Presidents held at Read-
field and Hallowell in March and September 1801 . . 151 79

To a Court of Enquiry whereof Lt. Col. Samuel B. Rice was
President held at Sturbridge August 13th & 14th 1801 . 28 38

To a Court of Enquiry whereof Lt. Col. Sylvanus Lazell
was President held at Sandwich May 6th & 7th 1801 . 68 33

To Cap. Aaron Davis's Company of Cavalry for attending
the Sheriff of the County of Norfolk, by order of the Com-
mander in chief, at the Execution of Jason Fairbanks
Sepr. 10th 1801 28 54

Aid de Camps & Brigade Majors.

To Liberty Banister Aid de Camp in full for his services to

Jany. 8th 1802 25 10

To George Blanchard Bi'igade Major in full for his services

to December 31st 1801 . 38 32

To Stephen Dewey Bi'igade Major in full for his services

to Octr. 20th 1801 53 50

To Medad Dickinson Brigade Major in full for his services

to Jany. 18th 1802 . 28 85

To Barzillai Gannet Aid de Camp in full for his services to

Jany. 1st 1802 22 13

To William Hinckley Brigade Major in full for his services

to July 31st 1801 . 11 42

To William Hunt Aid de Camp in full for his services to

November 20th 1801 28 54

To Josiah Harris Brigade Major in full for his services to

November 1st 1801 . 33 50

To Samuel Howard Brigade Major in full for his services

to Jany. 27th 1802 . . 208 39

To William Jackson Bi'igade Major in full for his services

to December 30th 1801 31 30

To Jacob Mann Brigade Major in full for his services to

Jany. 1st 1802 95 84

To John Nye Brigade Major in full for his services to De-
cember 31st 1801 . * 21

To Sjdvester Osborne Brigade Major in full for his services

to Feby. 1st 1802 Ill 76

To William P. Rider Brigade Major in full for his services

to Feby. 9th 1802 17 60

556 Resolves, 1801. — January Session.

D. C.

To Samuel M. Thayer Brigade Major in full for his services

to Feby. 24th 1802 59 25

To John Taylor Brigade Major in full for his services to

Feby. 1st 1802 . . 56 07

To Samson Woods Brigade Major in full for his services to

Jany. 14th 1802 . . 36 45

To Robert Wheeler Brigade Major in full for his services

to Jany. 18th 1802 40 50

Adjutants Accounts.

To John Adams Junr. Adjt. in full for his services to Octr.

4th 1801 .

To Elijah Alvord 2d Adjt. in full for his services to Jany.

25th 1802

To Jonah Brewster Adjt. in full for his services to Jany.

21st 1802

To Oliver Beldin Junr. Adjt. in full for his services to Deer.

24th 1801 .

To Matthias Blossom Adjt. in full for his services to Deer.

6th 1801

To Moses Burt Junr. Adjt. in full for his services to August

10th 1801

To Benjamin Blanchard Adjt. in full for his services to

Octr. '1st 1801

To James Burnam for money paid for Adjutants service to

Jany. 1st 1802

To Jonathan Burrows Adjt. in full for his services to De-
cember 7th 1801 .

To William Bridge Adjt. in full for his services to Jan-
uary 1st 1802

To Joseph Billings Adjt. in full for his services to March

5th 1802

To Ebenezer Center Adjt. in full for his services to Jany.

18th 1802 .

To Elihu Cutler Adjt. in full for his services to Feby. 11th

1802 ..."

To Peter Clark Adjt. in full for his services to March 5th

1802 _

To Russell Dewey Adjt. for his services to October 16th

1801

To Joel Deming Adjt. for his services to December 10th

1801,

To Abraham Fuller Adjt. for his services to December

31st 1801

To John G. Fudger Adjt. for his services to Jany. 20th

1802

To Joseph Farley Adjt for his sexwices to October 1st

1801 .

To Levi Fairbanks Adjt. for his services to Feby. 10th 1802
To Lemuel French Adjt. for his services to Feby. 24th 1802
To William Gould Adjt. for his services to January 16th

1802

To Edward Goodwin Adjt. for his services to June 19th, 1801
To Christopher Hurlburt Adjt. for his services to Septem-
ber 21st 1801 26 78

•21
10

22
16

■2:)

Resolves, 1801. — January Session.

557

D. C.

To Ebenezer Heath Adit, for his services to September 1st

1801 ... 10 84

To Caleb Howard Adjt, for his services to Feby. 13th 1802 12 85

To Epaphrus Hoyt, Adjt. for his services to Jany. 14th, 1802 . 16 62
To William Hi°-ht Adjt. for his services to September 23d

1801 ..." 13 84

To Thomas Hill Adit, for his services to December 25th

1801 17 93

To Timothy Hopkins Adjt. for his services to Jany. 1st

1802 18 78

To Cyrus Keith Adjt. for his services to Feby. 8th 1802 . 21 33
To Simeon Kingman Adjt. for his services to Jany. 27th

1802 . 27 32

To Isaac Lane Adjt. for his seiwices to Feby. 3d 1802 includ-
ing an additional allowance on a former Account . . 37 20
To Nathaniel Libbey Adjt. for his services to Jany. 14th

1802 33 43

To Benjamin Lincoln Adjt. for his services to December

24th 1801 26 48

To John Merrill Junr. Adjutant for his services to Jany.

10th 1802 ...'... ... 89 60

To Herbert Moors Adjt. for his services to Octr. 1st 1801 . 24 12
To Isaac Maltby Adjt! for his services to Jany. 27th 1802 . 24 89
To Moses Merrill Adjt. for his services to Feby. 1st 1802 . 20 82
To Daniel Nash Adjt for his services to Jany. 1st 1802 . 8
To John Nye Adjt. 'for his services to Jany 1st 1802 . . 18 80
To Daniel Osborn Adjt. for his services to Feby. 2d 1802 . 6 33
To Jeremiah Obrien Junr. Adjt. for his services to Decem-
ber 23d 1801 27 79

To Esaias Prebble Junr. Adjt. for his services to Jany. 2d

1802 16 64

To Samuel Pingree Adjt. for his services to Novr. 6th 1801 15 12
To John Prince Junr. Adjt. for his services to Jany. 20th

1802 8 78

To Benjamin Poor Adjt. for his services to December 30th

1801 36 56

To Abel Phelps Adjt. for his services to October 2d 1801 . 12 23

To Isaac Patten Adjt. for his services to Feby. 10th 1802 . 7 87

To George Russell Adjt. for his services to Jany 4th 1802 . 27 17

To John Sargent Adjt'. for his services to Sepr. 22d 1801 . 10 58
To Nathaniel Shaw Adjt. for his services to August 30th

1801 18 85

To Erastus Smith Adjt. for his services to Jany. 18th 1802 . 34 62

To George Stanley Adjt. for his services to October 3d 1801 23 01
To Quartus Stebbins Adjt. for his services to November 4th

1801 ...'... 11 79

To William Stone Adjt. for his services to November 1st

1801 41 22

To Henry Sweet Adjt. for his services to October 12th 1801 13 83

To John Stoddard Adjt. for his services to Feby 4th 1802 . 12 47

To Samuel Satterlee Adjt. for his services to July 21st 1801 4 67
To James Tyler Adjt. for his services to September 14th

1801 12 75

To William C. Whitney Adjt. for his services to Jany. 29th

1802 . . . . * 28 06

To Cyrus Williams Adjt. for his services to Jany. 15th 1802 7 65

558

Resolves, 1801. — January Session.

To Nathaniel Whittier Adjt. for his services to Jany. 9th

1802

To Timothy Whiting Adjt for his services to Feby. 5th 1802
To David White Adjt. for his services to Feby. 4th 1802

Expence for Horses to haul Artillery &c.

To Eli Bullard for money expended for horses to haul Ar

tillery &c. to Feby. 10th 1802

To John Bray for money expended for horses to haul Ar

tillery &c. to Feby. 25th 1802 .....
To Adam Brown for money expended for horses to haul

Artillery &c. to Octr. 14th 1801

To Jesse Dogget for money expended for horses to haul

Artillery &c. to Feby. 25th 1802 ....

To Solomon Gould for money expended for horses to haul

Artillery to Octr. 19th 1801

To Asher Hickcox for money expended for horses to haul

Artillery &c. to Octr. 6th 1801

To Oliver Johonnot for money expended for horses to haul

Artillery &c. to Feby. 25th 1802 ....
To John Kellogg for money expended for horses to haul

Artillery &c. to Jany. 11th 1802

To Samuel B. Lyon for money expended for horses to haul

Artillery to Feby. 8th 1802

To Joseph Miller for money expended for horses to haul

Artillery &c. to Novr. 1st 1801

To Robert B. Ox*r for money expended for horses to haul

Artillery &c. to Jany. 25th 1802 ....

To Ignatius Sargent for money expended for horses to haul

Artillery &c. to Octr. 29th 1801

n. c.

Total,

Sheriff's Accounts.

To Bailey Bartlett for returning votes for Governor, Lt.

Governor & Senators, to Jany. 15th 1802 ....
To Edmund Bridge for dispersing precepts and returning

votes for a Representative to Congress to January 1st

1802

To John Cooper for returning votes for a Representative

to Congres to Deer. 31st 1801

To Ichabod Goodwin for returning votes for Governor &c.

and Representative to Congress to Feby. 8th 1802 .
To John Waite for dispersing precepts & returning votes

for Governor &c. and Representative to Congress to

Jany. 19th 1802

Total,

Printers Accounts.

To Ashley and Brewer for publishing Acts and Resolves in
Springfield to January 1st 1802

To Phinehas Allen for publishing Acts and Resolves in
Pittsfield to January 18th 1802

6
25
15

10
14
88

3286

126

24 49

32 54

251

r>.

Resolves, 1801. — January Session. 559

To Adams & Rhoades for publishing Acts and Resolves in

Boston to Feby. 20th 1802 33 33

To Thomas C. Gushing for publishing Acts and Resolves
in Salem to June 1st 1801 16 67

To Peter Edes for publishing Acts and Resolves in Augusta

to Jany 1st 1802 11 17

To Galen H. Fay for publishing Acts and Resolves in Hav-
erhill to Jany. 1st 1802 11 17

To Heman Mann for publishing Acts and Resolves in Ded-

ham to Jany. 1st 1802 16 66

To Benjamin Russell for publishing Acts and Resolves in

Boston to January 1st 1802 16 67

To Young and Minns printers for the General Gourt to

March 2d 1802 971 20

Total, 1110 21

Convicts.

D. C.

To Oliver Hartshorn for dieting & cloathing Elisha Dilling-
ham, a Castle Convict, in Boston Gaol to March 3d 1802 . 75 11

To Nathan Heard for dieting & cloathing Eli Page, a Castle

Convict, in Worcester Gaol, to January 13th 1802 . . 65 49

To Thomas Manning for doctoring & medicine for sundry
paupers in the town of Ipswich, and in the house of Cor-
rection, & for Convicts in the Gaol in said town in full to
February 10th 1802 79 79

To Joseph Hunt for doctoring sundry Convicts in Concord

Gaol in full to January 31st 1802 30 08

To John Richardson for dieting, cloathing and nursing sun-
dry Convicts in Concord Gaol, to Feby. 9th 1802 . . 586 41

To Jeremiah Stanniford for dieting and cloathing Samuel
Walker, a Castle Convict, in Ipswich Gaol to December
6th 1801 43 75

Total, 880 63

Miscellaneous Accounts.

D. C.

To Col. John Boyle for Stationary for the Secretary's and

Adjutant General's Offices to January 1st 1802 . . Ill 62

To Norton Brailsford and Francis Green in full for their

Account for repairs on the State House to Jany. 1st 1802 119 95

To Josiah Bartlett, Esqr 12 00^

Enoch Titcomb Esqr 25 50 J

& Benj Pickman Junr. Esqr 10 00

for their services as a committee appointed by a Re- ! ,~ ^

solve of March 5th 1800 to confer with a committee f
of the town of Boston on the subject of the old State
House, and to sell the Commonwealth's interest in
the same . . . . . . . . .)

To Peleg Coffin Esqr. for Oil for the Lamps, and for other

expenditures in the Treasury Office to March 1st 1802 . 189 84£
To Thomas Dawes and James Bowdoin Esqrs. thirty five
dollars each for examining & adjusting the accounts of the
Treasurer & defacing notes, due bills &c. to July 1st 1801 70

560 Resolves, 1801. — January Session.

To Simeon Draper, Coroner in the County of Worcester,
for taking an Inquisition on the body [ of~\ John Cane
Novr. 15th 1801 . 17 40

To the Guardians of the Dudley Indians, for a balance due
to them which is in full to May 30th 1801 which sum the
Treasurer is directed to charge said Indians with, and to
be deducted out of the sum due to them from the Com-
monwealth 102 47

To John W. Folsom, Coroner in the County of Suffolk, for
taking Inquisitions upon the bodies of five persons, which
is in full up to December 17th 1801 Ill 6

To Samuel Gore for sundry paintings for the State House

to Jany. 1st 1802 61 45

To Timothy Goodwin for sundry Articles for repairing the

State House to January 11th 1802 as per his account . 26 42

To George Geyer for tolling the bell at the interment of the

late Lieut. Governor 2

To Jonathan Hastings for postage of Letters &c. to Jany.

23d 1802 as per his Acct 122 87

To John Howe and Sons for services performed for Gov-
ernment by order of the Messenger to the General Court
to June 25th 1801 3 33

To Lemuel Ludden for tolling bell, and cleaning Meeting

House at the interment of the late Lieut. Governor . . 7

To B. & J. Loring for putting 7 setts of Maps into frames,

and sundry services for the Committee on the Valuation . 12

To Amos Lincoln for services performed for Government
by order of the Secretary and the Messenger to the Gen-
eral Court 169 25

To Isaac Pierce, Messenger to the Governor & Council in
full of the balance of his Account to Jany. 5th 1802 . 51 59

To Thomas Spear for taking care of Hospital Island to

Feby. 14th 1802 44 44

To Oliver Wendell Esqr. for money expended for horses,
carriages &c. for the Governor, Council, President of the
Senate, and Speaker of the House of Representatives, in
attending the funeral of the late Lieut. Governor at
Andover 50 87

To Henry Wai'ren for entering the schedule of rateable
property in books for the committee on the valuation
agreeable to an order [of J the Legislature . . . 115 74

To Josiah Wheeler for sundry repairs on the State House
to June 25th 1802 41 40

To Elijah Wheelock for tolling bell at the interment of the

late Lieut. Governor 2

To James White & Co. for Stationary for the General

Court to March 5th 1802 201 98

To Daniel Cowing for his services in assisting the Mes-
senger of the General Court to March 12th 1802 . . 89 25

To Sylvanus Lapham for his services in assisting the

Messenger of the General Court to March 12th 1802 . 94 50

1865 93

Resolves, 1801. — January Session.

561

Aggregate of Roll No. 46.

March 1802.

D. C D. C.

Expence of State Paupers,

. 19799 44

Do. of

Militia, .

. 3286 15

Do. of

Sheriffs, .

. 251 53

Do. of

Printers,

. 1110 21

Do. of

Convicts,

. 880 63

Do.

Miscellaneous

. 1865 93

$27193 89

Read and accepted, and thereupon

Resolved, That there be allowed & paid out of the Pub-
lic Treasury, to the several corporations and persons
mentioned in this Roll, the sums set against such corpora-
tions and persons respectively, amounting in the whole
to twenty seven thousand one hundred ninety three dol-
lars, and eighty nine cents, the same being in full dis-
charge of the accounts and demands to which they refer.

March 11,1802.

SPEECHES AND MESSAGES,

1 800- 1 80 1.

SPEECHES

HIS EXCELLENCY THE GOVERNOR,

MESSAGES TRANSMITTED BY HIS EXCELLENCY TO THE
GENERAL COURT, ETC., DURING THE LEGISLATIVE
YEARS

1800-1801.

[May Session, 1800.]

New-State-House, Boston, June 3, 1800.

The Senators and Representatives having convened in
the Representatives' Chamber to receive the Governor, at
12 o'clock His Excellency entered, attended by the Hon-
orable Council, and the Secretary of State, and, after a
short pause, delivered the following speech :

Gentlemen of the Senate, & Gentlemen of the House of
Jtepresenta i ives ,

The Invitation of my fellow Citizens to the respectable
Office, which I have undertaken to execute, has excited
in me Sentiments of Gratitude, for the honor they have
conferred upon me — At the same time it has given me
anxiety, from an apprehension, that I shall be unable to
discbarge the duties of the Office, in a manner that will
justify their confidence — But I natter myself, that their
candour will incline them, to judge favorably of the
motives of my conduct, even in cases where an error may
be supposed.

The occasion upon which we meet, naturally revives in
our minds, the recollection, of the severe losses we have
lately suffered, in the death of some of our most respect-
able, and distinguished fellow citizens.

In the course of the last year, this State has been
deprived, of its late excellent Governor — He was emi-
nently fitted for the offices which he had sustained, for he

5(j(j 1800. — Governor's Messages, Etc.

possessed those qualities that acquire universal respect —
To a sound understanding, and extensive political & legal
knowledge, he united engaging manners, and habitual
goodness — Benevolent, upright and unassuming, he was
beloved as a man, and revered as a Magistrate, and his
memory is blessed.

Since that event, the whole nation has suffered the loss,
of the first and best of men — We are all witnesses, of
the unexampled mourning, with which the death of General
Washington is deplored — His Patriotism and services,
endeared him to every friend of America, and his fame
has spread through the World — But though the reputation
he acquired, from his great atchievements & abilities, was
a singular attainment, and may therefore damp the spirit
of emulation ; yet his integrity and purity of manners,
his respect for the Institutions of Religion, and zeal for
the public good, can be imitated by all : — May the
people of the United States, ever cherish the remem-
brance of his modest worth, and form themselves after
his example, of private and patriotic virtue — Then they
will be safe and happy, and will inherit the land forever.

Within a few days the people of this State, have again
been called, to lament the death of a Chief Magistrate. —
The late Lieutenant Governor was an early and constant
friend to the rights of his fellow citizens, and his faithful
services, secured to him their attachment — He discharged
with reputation the functions of his office, & since the
death of the Governor, conducted the affairs of the State
with prudence and ability, and to the general satisfaction
of the people.

With these subjects of mournful regret, the situation
of public affairs, will suggest considerations suited to
excite our gratitude to the Supreme Being, that we enjoy
the blessings of a free & undisturbed Government — That
the laws are respected and administered without opposi-
tion ; and notwithstanding any diversity of political opin-
ions, that good will to each other, so generally prevails
among the citizens of this State.

While a great part of Europe is involved in a most
sanguinary and calamitous war, the People of this Country
are favored with internal peace ; and are at liberty to
make improvements in Agriculture, and advance towards
perfection in the useful arts — But as the Nations with
whom we are most concerned in Commerce, are parties in

1800. — Governor's Messages, Etc. 5G7

the War, the United States have not been able to main-
tain their neutral Character, without experiencing frequent
& vexatious interruptions to their trade, by infractions of
the law of Nations — Of late these injuries have proceeded
from a Nation, for whom we had entertained the most
friendly sentiments ; and though the Executive authority
pursued the most conciliating methods to obtain redress,
they were unsuccessful — not even defensive measures
were adopted, untill, as well the People as the Govern-
ment, were made to realize, the truth of a maxim, which
had been often repeated by the late President — That if
we desire Peace, it must be known that we are prepared
for War.

A review of the transactions that have taken place be-
tween the United States and foreign Nations, since the
General Government was established, must convince every
unpiejudieed Mind — not only, that the Executive Author-
ity has invariably and sincerely pursued a pacific policy, —
but that much wisdom and prudence have been exersised,
in preserving tranquility to the People of these States.

We are encouraged to hope, that the present negocia-
tion with the French Government, wdl put an end to the
injuries we complain of; and that we shall not be com-
peled to relinquish the advantages of a neutral situation
— However, it is our duty as citizens to adhere to the
Government instituted by ourselves, and for [for] our
own security ; and to submit, cheerfully, to the expenses
that have been incurred, under the Laws of that Govern-
ment, in arming for our defence — If, as we hope, there
will be no occasion in the issue to make use of Arms,
that result may be owing to our being possessed of them.

As I have had no share in the administration of the
State Government for several years, it will not be ex-
pected, that I shall attempt to point out particular -sub-
jects, that may require Legislative interposition — But in
general the Constitution has declared, in terms that can
scarcely be too often repeated, that — "it shall be the
duty of Legislatures and Magistrates, in all periods of the
Commonwealth, to cherish the interests of Literature and
the Sciences, & all Seminaries of them, especially the
University at Cambridge, Public Schools, and Grammar
Schools in the towns — To encourage private Societies
and public Institutions, Rewards & Immunities, for the
promotion of Agriculture, Arts, Sciences, Commerce,

568 1800. — Governor's Messages, Etc.

Trades, Manufactures, and a natural history of the Coun-
try — To countenance & inculcate the principles of Human-
ity and general Benevolence, public and private Charity,
Industry and Frugality, Honesty & Punctuality in their
dealings, Sincerity, good Humour and all social affections
& generous Sentiments, among the People."

In the distribution of public employments, it is of im-
portance to the reputation and tranquility of the State,
that appointments should be made with impartiality, and
with a due regard to superior talents and meritorious ser-
vices— But as virtue, and submission to the Laws, are
essential to a Republic, and form the only sure basis of its
prosperity — these qualifications must, I think, be in a
peculiar manner requisite, in those who are appointed to
office in such a Government — for a man who is not un-
der the influence of moral principles, can have no just
claim to the public confidence.

There is perhaps no opinion, which has more generally
prevailed among civilized Nations, than — that religious
principles in the People, are essential to Morality, and a
principal support of lawful Government ; and that the
obligation to piety, is imposed on man, by his nature — If
lately opinions opposite to these are patronized, and re-
vealed Religion in particular, is represented as unfriendly
to individual or social happiness — it becomes those who
believe the truth of Christianity, to endeavour to prevent
the progress of these doctrines of unbelief, by every mild
& prudent method — by promoting Institutions for the
general diffusion ' of knowledge — by excluding vicious
and profligate persons from the employment of instruct-
ing Youth — by encouraging and supporting public teach-
ers of Piety, Religion and Morality — & by exemplifying
in their own conduct, the genuine effects of that Religion,
which they regard, as the purest source of human felicity.

Permit me, Gentlemen, to assure you that I shall be
solicitous to fulfill the expectations, which my fellow citi-
zens have a right to form, of my zeal for their service —
and that I shall cheerfully concur with you, in any meas-
ures, that may be calculated to secure to them the benefits,
of a mild and just Government — And may the Almighty
succeed our united endeavours, to render the People of
this Commonwealth prosperous and happy.

CALEB STRONG.
June 3d, 1800.

1800. — Governor's Messages, Etc. 569

[May Session, 1800.]

Gentlemen of the Senate and Gentlemen of the House of
Rep resentatives ,

I transmit to you a Letter from the Honble. Samuel
Lyman in which he declines to serve as a Commissioner
for ascertaining the boundary Line between this State and
the State of Connecticutt, to which Service he was ap-
pointed by an Act passed on the 8th of March 1791.

At a later Period I was appointed a Commissioner for
the same Purpose — although several Attempts have been
made to commence the Business, some Accident has in
every Instance prevented a Meeting of the Commissioners
of the two States — and I am now under the necessity of
declining the Service.

CALEB STRONG.

Council Chamber, June 9th, 1800.

[November Session, 1800.]

New-State-House, Boston, Nov. 12, 1800.

The Senators and Representatives having convened in
the Representatives' Chamber to receive the Governor, at
12 o'clock His Excellency entered, attended by the Honor-
able Council, and the Secretary of State, and, after a
short pause, delivered the following speech:

Gentlemen of the Senate and Gentlemen of the House of
Representatives,

As the Welfare and Prosperity of a Nation essentially
depend on the Character of their Magistrates, and the
Wisdom with which their Government is administerd, the
Object of your present Session must be highly interesting,
not only to our constituents but to the whole People of
the United States. The Time approaches when by their
Constitution and Law the Election of their President and
Vice President must be completed, and you are now as-
sembled to take the Measures that are previously neces-
sary on the part of this Commonwealth to accomplish that
important Purpose — You will endeavour to select those,
who are to give the ultimate Suffrages of the State, from
the best informed Citizens and the Friends of order and
good Gover[rc]ment. May that wise & gracious Provi-
dence which has hitherto guided & sustained the American

570 1800. — Governob's Messages, Etc.

People, preside in your Deliberations and direct the Re-
sult of them.

Although I have the Pleasure to observe that Tran-
quility generally prevails through the Commonwealth, yet
it is my Duty to state to you, that by Letters & Affidavits
which the Secretary will lay before you, it appears that
since the last Session of the General Court, a Number of
Persons in the County of Hancock have in a violent
Manner obstructed the Business of surveying Land in
that County, by firing upon and dangerously wounding a
Surveyor and Chainmen who were employed in that
Service. The Necessity of suppressing Disorders of such
fatal Tendency is obvious — Indeed the Persons guilty of
these Outrages were concealed or in Disguise, but they
are supposed to have been actuated by a Spirit of Resist-
ance to the Law, which would be increased & emboldened
by an Appearance of Unconcernedness on the part of the
Government to restrain or punish it.

From the Reports of several of the Major Generals I
am happy to be able to inform you, that the Militia of this
Commonwealth are in a State of unusual Improvement.
A large Proportion of them are completely equipped and
uniformed, and in the Course of the late Reviews their
Discepline & Subordination reflected Honour on the Officers
& Soldiers and entitled them to peculiar Commendation.
With a Militia thus trained and animated with military
ardour through the Union, America will not hesitate to
assert her National Rights, or be unable to defend them
when they are invaded.

I presume you will not be willing to protract a Session
at this unusual Season of the year, by attending to Business
that may conveniently be postponed to the Time when
you will meet for the ordinary Purposes of Legislation.

CALEB STRONG.

Boston, Novr. 12th, 1800.

[January Session, 1800.]

New-State-House, Boston, Jan. 23, 1801.

The Senators and Representatives convened together
for the purpose of receiving the Governor's communica-
tion. Precisely at 12 o'clock His Excellency entered,
and delivered the following Speech :

1800. — Governor's Messages, Etc. 571

Gentlemen of the Senate and Gentlemen of the House of
Representatives,

The favourable Situation of our fellow Citizens, and the
appearances of general and progressive Improvement,
which present themselves to our View in the various parts
of the Commonwealth, afford us Subjects of mutual Con-
gratulation.

In the Course of the last Year the Seasons through the
greater part of our Country have been fruitful, our Trade
and Fisheries were generally prosperous, and the People of
this State have not again been visited with that alarming
Disease, which has fatally prevailed in seme Parts of the
United States — these and many other Providential Bless-
ings, will on this Occasion occur to our Eemembrance,
and demand the Gratitude of our Hearts.

But while we rejoice in the publick Prosperity, it will
be our Duty to reflect, that we owe to our fellow Citizens
our vigilant and faithful Endeavours, to preserve their
present Advantages, and promote their lasting Reputation
and Interest — to check the growth of Vice and Impiety
— to cherish the Institutions for moral Instruction and
the Education of Youth ; and to maintain the Principles
of Justice and provide for its equal Administration in
every part of the Commonwealth.

At the same Time our Obligations to support the fed-
eral Constitution will require us, to attend to the publick
National Affairs, and endeavour to diffuse correct Infor-
mation concerning them, among our fellow Citizens — to
remove groundless Prejudices — to discountenance the
Spirit of Party and undue attachments to any foreign Na-
tion, and to do all in our Power to increase the Respecta-
bility of the American Character.

From the Commencement of the War in Europe, it has
been the Policy of the General Government to cultivate
Peace with all Nations — to observe an exact Neutrality
between the Powers at War, and by the fulfilment of
Tr[e]aties and Respect for the Law of Nations, to main-
tain itself in that impartial Course, which its Duty and
Interest prescribed. But notwithstanding these cautious
Measures, our Intercourse with other Nations has been
obstructed, and to justify the Obstructions, our Respect
for the Duties owing from one Nation to another, has at
different Times been drawn into Question by one or other
of the belligerent Powers.

572 1800. — Governor's Messages, Etc.

At length a Regard to the publick Safety compelled the
Government to have Recourse to defensive Measures, and
the Success of our Infant Navy in preventing Depreda-
tions upon our Commerce, will serve to convince the
People, that a System of maritime Defence will be the
most easy and efficacious, whenever their Rights shall be
in Danger from external Enemies.

The Predicament of a neutral People is frequently del-
icate and hazardous, for when a War is prosecuted with
great Acrimony, the contending Parties are extremely apt
to consider those who are not for them, as against them —
but whatever Apology may be formed for Wrongs that
proceed from the heat of Passion, there can be none for
deliberate and authorised Injuries — still however, an
honorable Accomodation is always to be preferred to a
State of Hostility, for a wise and humane Government
will never resort to the calamitous Expedient of War,
untill every Advance towards a Reconciliation which the
national Dignity will permit, has proved ineffectual.

It must I think be allowed that the Government of the
United States, in the Cases I allude to, have conducted
with Moderation, and with a manifest Preference of mild
and pacifick Measures — while Preparations were made
for the unhappy alternative of War, no method consistent
with the publick Safety, was left unattempted, to obtain
Justice by Negotiation.

Before the Constitution of the United States was adopted,
the Union between them had become little more than nom-
inal— they had interfering Interests, and in some Cases
were hardly restrained from Expressions of mutual Resent-
ment — the Congress at that Time was only authorised to
make Requisitions upon the several States, and the latter
exercised the Priviledge of refusing to comply with those
Requisitions. If this State of Things had continued during
the Disturbances in Europe, it is scarcely to be supposed
that all the States would have remained neutral — it is not
unlikely that from Accident or Motives of Partiality or
mistaken Interest, they would have arranged themselves
under opposite Standards — the Possibility of such an
Event, must in our Estimation, enhance the Value of that
Form of Government which has connected us together.

But it has been often said, that however well adapted
the Constitution was to our Circumstances, the Adminis-
tration of Government under it, has been injurious to the

1800. — Governor's Messages, Etc. 573

publick Welfare, and has abounded with Errors either
from Ignorance or Design — If the present improved Con-
dition of our Country does not refute these Suggestions,
it might be unavailing to point out particular Measures,
that would seem to entitle the Rulers of the Nation to our
Regard and Confidence.

The People of this State, however, will recollect that
when the Constitution was formed they were oppressed
with an almost insupportable Weight of Taxes, and that
with all their Exertions it was difficult for them to pay the
Interest of the State Debt — By the Settlement of the
publick Accounts, and the Assumption of the Balance due
to us by the national Government, we are relieved from
this Burden ;• and you will find by a Statement of the
Treasurer which will be laid before you, that our present
Debt may soon be cancelled, if Measures for that Purpose
shall be preferred, to the payment of the Rate of Interest
which the publick Creditors are entitled to — and that no
unusual Taxes will be necessary.

A Report of the Quarter Master General which will
also be laid before you, will shew that the State has a
large Supply of military Stores and warlike Implements,
which may be used, if there shall be Occasion, by our well
organized Militia, for the publick Defence. You will
direct such measures to be taken for securing the exposed
Property mentioned in the Report, as the Interest of the
Commonwealth may require.

That the Laws may be duly executed, permit me to
suggest the Expediency of making some additional Pro-
vision for suppressing Lotteries which are not established
or allowed by the Legislature — The Importance too, of
our Inspection Laws will require the most effectual meth-
ods to prevent or punish a violation of them — perhaps it
will be found necessary in both Cases to authorise Prose-
cutions by a Grand Jury.

Our Constituents now enjoy Peace and Tranquility,
and are protected by standing Laws, which are designed
to secure them in the Enjoyment of the Fruits of their
Labour, against every Species of Injustice or Oppression
— whatever more can be done to meliorate their Condi-
tion or increase their Security, you Gentlemen will now
attempt to do.

The Success of your Labours will very much depend
upon your Influence and Example, in promoting good

574 1800. — Governor's Messages, Etc.

Order among the People, and producing a Compliance
with the Regulations you may think proper to adopt —
The most excellent Laws will be of no Use if they are not
observed, and they will not be observed by the People,
unless they are respected by those who make and execute
them.

I shall transmit to you Gentlemen by particular Mes-
sages, any Information of Importance which I may be
able to communicate.

From the good Agreement which appeared in the former
Sessions, I have no doubt that your Deliberations at this
Time will be conducted with Candour, and I trust they
will produce important Benefits to our fellow Citizens —
so far as my Duty is concerned you may be assured of all
the Co-operation that can result from Zeal for the Welfare
of the Commonwealth, and a Disposition to promote Har-
mony in the several Branches of the Government.

CALEB STRONG.
Jany. 23, 1801.

[January Session, 1800.*]

Gentlemen of the Senate and Gentlemen of the House of
Representatives ,

By a Resolve which passed on the 23d of February
1801, the Governor was requested to provide for the
support, and Education of Levi Konkapot an Indian Boy,
for three years from that date — He has been supported
at the Academy at Andover, and if it is the wish of the
General Court, that after the expiration of the above term
any further provision shall be made at the public expence
for his support & education, it will be necessary to ex-
press it.

CALEB STRONG.

Council Chamber, February 7, 1801.

[January Session, 1800.]

Gentlemen of the /Senate and Gentlemen of the House of
Representatives,

I submit to your Consideration a Resolve of the Legis-
lature of Maryland which I have this Day received pro-

* Not printed in previous editions.

1800. — Governor's Messages, Etc. 575

posing Amendments to the Constitution of the United
States, by the Establishment of an uniform mode for the
Choice of Electors of President and Vice President of the
United States and of Representatives to Congress.

CALEB STRONG.

Council Chamber, Feby. 17th, 1801.

Reply of the President of the United States to the ad-
dress of the Legislature, on his retiring from office.*

To the Senate and House of Representatives of the State
of Massachusetts,

The very respectful affectionate and obliging address,
which has been presented to me by the President of the
Senate and Speaker of the House of Representatives by
your order has awakened all my sensibility and demands
my most grateful acknowledgments.

As the various testimonials of the approbation & affec-
tion of my fellow citizens of Massachusetts, which have
been indulged to me from my earliest youth have ever
been esteemed the choicest blessings of my life, so this
final applause of the Legislature so generously given after
the close of the last scene of the last act of my political
drama is more prescious than any which preceded it. —
There is now no greater felicity remaining for me to
hope or to desire, than to pass the remainder of my days
in repose, in an undisturbed participation of the common
privileges of our fellow citizens under your protection.

The satisfaction you have found in the administration
of the general government from its commencement is
highly agreeable to me and I sincerely hope that the
twelve years to come will not be less prosperous or happy
for our Country.

With the utmost sincerity I reciprocate your devout
supplications for the happiness of yourselves, your fami-
lies constituents and posterity.

JOHN ADAMS.
Quinct, March 26th, 1801.

* Not printed in previous editions.

SPEECHES AND MESSAGES.

1801.

[May Session, 1801.]

Thursday, June 4, 1801.

The Senators and Representatives convened together in
the Representatives' Chamber ; at 12 o'clock His Excel-
lency the Governor entered, attended as usual, and deliv-
ered the following speech :

Gentlemen of the Senate & Gentlemen of the House of
Representatives,

With Diffidence I have again undertaken the important
Office, to which the partial Regard of the People has in-
vited me — I feel a grateful Sense of this renewed Testi-
mony of their Confidence, and hope that a fair Examina-
tion of my publick Conduct will prove, that I have no
other Objects in view than the peace & prosperity of the
State — whenever it shall be thought that another will
more effectually promote these Objects, I shall cheerfully
return to a private Station — in the mean Time my best
Endeavours will be continued to advance the Reputation
and welfare of my fellow Citizens, to preserve their
Priviledges unimpaired, and to select those for publick
Office, who are most distinguished for Abilities and Integ-
rity, by whatever name of political Distinction they may
be called —

Although in the Choice of a President of the United
States the Result has not corresponded with the Wishes
of many Citizens of this Commonwealth ; yet they will
reflect, that in Republicks the Opinion of the major part
must prevail, and that Obedience to the Laws, and Re-
spect for constitutional Authority, are essential to the
Character of good Citizens. We are encouraged to ex-
pect, that the first Magistrate will not depart from the
essential Principles of our Government, and so long as

578 1801. — Governor's Messages, Etc.

his Administration shall be guided by those Principles, he
will be entitled to the Confidence of the People, and their
Interest requires that he should possess it. But if it
shall be thought hereafter that these Anticipations are not
realized, still a Sense of Decorum, and Regard to Justice
and the publick welfare, should exclude Asperity and
false colouring from every Discussion of publick Measures,
for the Morals and Liberties of the People will be in dan-
ger if the free Presses in the United States are disgrace-
fully prostituted to Faction and Falshood.

The Defence of our Country is confided by the Con-
stitution to the General Government ; but as the chief
Reliance is placed upon a well disciplined Militia, and as
the appointment of the Officers and the Authority of train-
ing the Militia, are reserved to the several States, the
frequent attention of the Legislature to these Circum-
stances, will be necessary to the publick safety.

Among the various Subjects of State Legislation, there
is none more important to the preservation of our Free
Governments, or more interesting to the happiness of So-
ciety, than the Instruction of the People, and particularly
the Education of Youth — it is not enough to teach Chil-
dren to read and write — & understand the first Rules of
Arithmetick — it is also of Importance to habituate them
to Restraint, to form their Tempers and Manners by the
Principles of benevolence and justice, and to awaken
the useful Energies of their Understandings, and cher-
ish the virtuous propensities of their Hearts — a bad
Temper is often made a good one by Education, and the
difference we observe in the Characters of men, is in a
great measure owing to the different Impressions they
received from the Examples and Precepts of their In-
structors— in the presence of those who are respectable,
they are accustomed to controul their Passions, and learn
the important Lesson of self-command, with such an Edu-
cation they seldom fail to make useful and quiet members
of Society — but those who are idle and unrestrained in
early life, will be ready afterwards to oppose lawful
Government and disturb the publick peace. — Moral qual-
ifications are of the first Importance in the Office of In-
structors ; their Virtues should serve for models in the
Conduct of Life — If they are chargeable with Vice or
Impiety, no Attainments in knowledge can compensate for
the Contagion of their bad Examples.

1801. — Governor's Messages, Etc. 579

The celebrated Legislators of antiquity, considered the
Education of Children, as the most essential Duty and
the most important Exercise of Government — it was reg-
ulated by the authority of the Magistrates and upon
Principles of the publick good — Their Institutions were
calculated to inspire the Youth with Respect for the Laws
and Love to their Country, to form them to habits of
temperance and truth, and teach them to honour their
Superiors and venerate old age. Our ancestors were im-
pressed with the Importance of this Subject, and mani-
fested an earnest Sollicitude that their Children might be
educated in Literature and religious and moral Principles.
The University in the Neighbourhood is an Evidence of
this — soon after the Settlement of the Country, they
provided for the Establishment of Schools for the Chil-
dren of the poor as well as the rich, and if Parents neg-
lected to teach their Children to read, and to bring them
up in some honest Employment, the Select-Men with the
Assistance of two Magistrates were authorised, to take
such Children from them and place them with masters to
be strictly attended to — The whole Influence of Educa-
tion is necessary in Republican Governments, they depend
for their Support upon the enlightened and affectionate
attachment of the People, and there is no ground to ex-
pect they will be preserved, unless the Youth are trained
to knowledge and virtue, and taught by Example and
Education to submit their own to the publick Will. Our
Constitutions have Liberty for their vital Principle, but
this Liberty is reasonable and subordinate to the Laws,
and whenever it shall become superior to Law, it will de-
generate to Licentiousness and be lost.

The Care which is now employed in the Instruction of
youth must give pleasure to every Friend of the State ;
and if the failures in Education are owing, not to the
want of legal provision, but to Inattention in the People,
the Influence of the Individual Members of the Legislat-
ure may go far to remedy the Defects.

As a part of this Subject permit me to suggest, that
the Institutions of the Sabbath and of publick Worship,
were regarded by our Ancestors with peculiar Devotion,
and that our State Constitution recommends the Support
of them, while at the same time it carefully guards against
a Violation of the Rights of Conscience.

It will be acknowledged by every one that publick

580 1801. — Governor's Messages, Etc.

Worship is useful as a School of good manners and of
decent and orderly Deportment. But as Religion is the
only sure Foundation of human Virtue, the Prosperity of
the State must be essentially promoted by a due Observ-
ance of the Sabbath, and by the meeting together of the
Citizens to learn the Duties of moral Obligation, and
contemplate the Wisdom and goodness with which the
Almighty governs the World — In such assemblys they
can hardly fail to receive useful Information in the Con-
duct of Life, and Impressions of Reverence for the Deity
which will never be totally effaced — even the Instruc-
tions that produce no apparent Effect at the Time, may
so far gain a place in the Memory, as readily to revive in
it when Occasion calls for them — It is the Nature of Vice
to dissolve Society ; but these Institutions tend to uphold
it in a Condition favorable to Order and Virtue — by pre-
serving them therefore we shall preserve the Virtue and
secure the happiness of the People.

If any of the Towns or Plantations which have been
lately settled in the Commonwealth, are unable to provide
the Means of Instruction and Education at their own Ex-
pence, will it not be expedient for the Publick to afford
them assistance that no Children may grow up in the
State without Instruction —

I will detain you no longer Gentlemen than to observe,
that I know of nothing except the usual Business of the
General Court which now calls for your attention, and
that I shall readily agree to any measures conducive to the
publick good, which you may think proper to propose.

CALEB STRONG.
June 4th 1801.

[May Session, 1801.*]

Gentlemen of the Senate & Gentlemen of the House of
Representatives,

I transmit to you a Letter which I have reced. from his
Excellency the Governor of Rhode Island enclosing a Re-
solve of the General Assembly of that State for appoint-
ing Commissioners on their part to ascertain & settle, in
Conjunction with Commissioners on the part of this Com-
monwealth the boundary Line between the two States.

* Not printed in previous editions.

1801. — Governor's Messages, Etc. 581

In the eighth Division of the Militia there is a Vacancy
in the office of Majr. General in Consequence of a Request
in writing from Henry Dearborn Esqr. that he might be
discharged from that office — there is also a Vacancy in
the office of Majr. General in the second Division by the
Resignation of General Abbot.

The Secretary will lay before you a Letter which I have
reed, from Joshua Holt Esqr. relative to Levi Konkapot
an In/lian Boy for whose Education, provision was lately
made by a Resolve of the General Court.

CALEB STRONG.
June 4th, 1801.

[May Session, 1801.*]

Gentlemen of the Senate, & Gentlemen of the House of
Representatives ,

The Secretary will lay before you a Letter addressed to
me by the Treasurer of the Commonwealth, inclosing a
statement which exhibits a general view of the Treasury
up to the 31st of May 1801.

CALEB STRONG.

Council Chamber, June 5th 1801.

[May Session, 1801.*]

Gentlemen of the Senate and Gentlemen of the House of
Represen tatives ,

I have requested the Secy, to lay before you a Letter
addressed to him by the Atty. General representing that
no Provision is made by Law for sending to other States
for Persons charged with Crimes in this State and who
have fled from Justice, or for the Expences that may arise
by bringing such Persons into this State for Trial.

CALEB STRONG.

June 6th, 1801.

[January Session, 1801.]

State-House, Friday, January 15.

The Senators and Representatives convened in the
Chamber of the latter, agreeably to assignment, and at

* Not printed in previous editions.

582 1801. — Governor's Messages, Etc.

12 o'clock, His Excellency Governor Strong entered, and
delivered the following Speech :

Gentlemen of the Senate, & Gentlemen of the House of
Representatives,

We have the satisfaction to reflect, that the public
peace and order have been preserved during the last
year ; and we contemplate with pleasing anticipation the
growing strength and respectability of the State * — We
possess a healthy & extensive territory, which is rapidly
increasing in population, and is accommodated with cir-
cumstances favorable to agriculture & commerce ; our
Ships visit every part of the World, and bring home the
products of every Country. We are blest with a Gov-
ernment of our own choosing, which secures the most
perfect freedom of which men in Society are capable ;
and affords equal protection to the person and property
of every individual, and we shall be as happy as the
nature and condition of men will permit us to be, if we
make a wise improvement of the favors we have received
from Heaven.

But the prosperity of the people is inseparably con-
nected with purity of manners, and their practice of the
moral virtues ; when these become extinct, their happi-
ness will be at an end. The increase of wealth in Repub-
licks has often endanger'd the virtue of the people ; so
long as it is employed for useful purposes, it contributes
to the strength and security of the State ; but those who
have observed its effects in other nations, will perceive
the importance of guarding against the abuse of it ; lest a
departure from the simplicity of ancient manners should
be followed by criminal luxury and dissipation, and the
loss of moral & religious principles.

If wealth introduces a vain profusion in the various
modes of expense, if it excites an eagerness for dissolute
pleasures and frivolous amusements, it will corrupt the
manners, and vitiate the taste of the people, and lead them
into criminal excesses of every kind; the rich will be
considered as patterns for imitation by those of moderate
fortunes, and these will be followed by others of still less
ability, and thus many will ruin themselves by a profusion
for which no one will feel himself obliged, or will support
their extravagance by unworthy practices, and make good
by fraud and rapaciousness what is lavished in vanity ; in

1801. — Governor's Messages, Etc. 583

either case, if the evil is extensive, the ruin of the State
becomes inevitable.

We ought then to be solicitous to preserve the habits
of industry & temperance in which we have hitherto pros-
pered, and to inspire our fellow citizens with a love for
the frugality of primative manners ; while these habits
continue, the people will make advances in agriculture
and the valuable arts, and will think their chief happi-
ness is involved in the public welfare ; our religious and
literary institutions will be supported and cherished, and
improvements will be made in aqueducts, bridges and high-
ways, and other useful accomodations. In the flourish-
ing periods of the ancient Eepublicks, and even when
sumptuary laws restrained the vanity, and controuled the
appetites of the citizens, they adopted a style of magnifi-
cence in their public edifices ; and if a spirit of union
prevails among our fellow citizens, and their views are
directed towards objects beneficial to the Commonwealth ;
the Government, by using a prudent economy in the ad-
ministration of the revenue will be able to adopt a like
style in public buildings, and whatever is conducive to
the honor of the State, and the general convenience of
the people.

With the increase of inhabitants, we are to expect that
crimes will multiplj' in proportion, and it is therefore of
increasing importance, to render that branch of our Law
which relates to crimes & punishments, as perfect as may
be. The frequent escapes from the Goals in the several
Counties show the necessity of making some further pro-
vision for keeping those offenders safely, who are sen-
tenced to a long imprisonment ; for if any hope can be
entertained of an escape, the sentence will make but a
feeble impression on the mind, and be of little use in
preventing future offences. A great proportion of crimes
are the effects of idleness, and it seems peculiarly proper
therefore to punish them by confinement to hard labour ;
that offenders, while they are prevented from a repetition
of their crimes may be compelled to acquire new habits,
and contribute something to the good of Society ; to this
end our laws have in many cases prescribed that mode of
punishment, and yet from the time that Castle Island was
ceded to the United States, no place of confinement to
labour has been provided by the Commonwealth.

By a Resolve passed about two years since, a Committee

584 1801. — Governor's Messages, Etc.

was appointed to select and procure a piece of land in
Charlestown, and to erect a State prison thereon, pro-
vided the expense should not exceed thirty thousand Dol-
lars ; the first part of this Commission has been performed,
but the latter, owing probably to the limitation of the ex-
pense, remains wholly unexecuted. Soon after the cession
of Castle Island, ordnance and military stores, the prop-
erty of this Commonwealth, were delivered to the Agents
of the United States at an appraised value of more than
forty thousand Dollars ; if payment of this sura is ob-
tained, it appears probable from the accounts exhibited
by the Treasurer, which will be laid before you, that a
State prison may be erected without any addition to the
usual taxes.

The genius of our Laws is mild, and the crimes for
which the punishment of death is inflicted are few, but
perhaps even this small number might be lessened, by
changing the punishment of death to that of solitary im-
prisonment ; if convicts could be restrained without any
hazzard of escape, and be wholly secluded from that
society whose peace their criminal conduct would en-
danger.

Agreably to the Resolve of the 19th of June last two
persons have been appointed to survey and lay out the
land refered to in that Resolve, or so much of it as shall
appear to be necessary ; but their service is likely to be
inconsiderable, for in the applications by the Soldiers,
and their legal representatives for the benefits offered in
the Resolve, the pecuniary allowance has in almost every
instance been prefered to a grant of land.

Many of you, Gentlemen, from a long acquaintance
with the public concerns of the State, will readily dis-
tinguish the proper objects of legislative attention, and I
shall cheerfully concur with you in any measures that may
tend to encourage agriculture and the liberal and me-
chanical arts, — to promote the most equal and speedy dis-
tribution of Justice, — to render our militia a still more
respectable force, — to provide for the equal apportion-
ment of taxes ; & to preserve and establish the public
credit of the State. But you will permit me to observe,
that frequent and unnecessary alterations of the Law are
inconvenient, as they lead to the supposition of incon-
stancy in the Government, and render it more difficult for
the citizens to understand the Rules by which they are to

1801. — Governor's Messages, Etc. 585

be governed. The best Laws are not exempt from in-
conveniences, but when those of long standing are re-
pealed, the regulations which are substituted in their
place, are often attended with still greater defects.

The Valuation, in which some progress has been made,
is an interesting subject, and requires much discernment
in ascertaining facts, & much candour in deciding upon
them. But I trust that by condescending to the opinions
of each other, and giving due weight to every suggestion,
you will be able to proceed with facility and pleasure, in
completing this important business. And I natter myself,
that no difference of sentiment, will impair the harmony
of the session ; and that we shall have the pleasure at the
close of it to reflect, that by our united and faithful ex-
ertions in the public service, we have supported the repu-
tation of the Government, and promoted the happiness of
the People.

CALEB STRONG.

Jant. 15th 1802.

[January Session, 1801.*]

Gentlemen of the Senate & Gentlemen of the House of
Representatives,

In compliance with the request of the Governor of
North Carolina, I lay before you an authenticated Copy
of a Resolution of the Legislature of that State, relative
to the amendment to the Constitution of the United States
proposed by the Legislature of Maryland for the purpose
of establishing an uniform mode for the choice of Electors
of President & Vice President of the United States, & of
Representatives in Congress.

I also transmit to you two Letters from the Attorney
General of this State, representing the difficulties which
arise in prosecuting for the Penalties incurred by the
neglect of Sheriffs & Selectmen to perform the duties
enjoined on them by the Act for dividing the Common-
wealth into Districts for the choice of Representatives in
the Congress of the United States ; & by the Act for reg-
ulating Elections.

CALEB STRONG.

Council Chamber, January 22d 1802.

* Not priDted In previous editions.

586 1801. — Governor's Messages, Etc.

[January Session, 1801.*]

Gentlemen of the Senate & Gentlemen of the House of
Representatives ,

Two Indians of the Passamaquoddy Tribe are now here to
Solicit the Aid of the Legislature in preventing Trespasses
on the Township of Land which has been relinquished to
them by the State, & to request the Assistance of the
Government in building for them a house for publick
Worship at Pleasant Point where they now reside — The
Secretary will lay before you two Letters which relate
principally to these Subjects.

CALEB STRONG.

Council Chamber, February 4th, 1802.

[January Session, 1801.]

Gentlemen of the Senate & Gentlemen of the House of
Representatives,

The Commonwealth has lost one of its best & ablest
Friends by the Death of the Lieutenant Governor — He
died yesterday about two in the Afternoon, & his Family
propose that his Funeral shall be attended on Monday
next at 2 o'Clock. A long & intimate acquaintance with
him enables some of us to bear testimony to his distin-
guished Merit — He was solicitous to preserve the good
order of Society & to exhibit to his Fellow Citizens a pat-
tern of every Civil & moral Virtue — Without any solic-
itation on his part he was many years elected a Member
of the Senate, & presided in their deliberations with Can-
dor & Dignity — In the office of Lieutenant Governor he
secured respect by a mild deportment resulting from the
testimony of a good Conscience — He was firm & inflex-
ible whenever the Interests of the Commonwealth were
concerned, & he acquitted himself with honor in all the
Offices confided to him by the Publick, & in all the rela-
tions of private life.

I shall be ready to join with you Gentlemen in any
tribute of esteem & respect which you may think due to
the Merit of his publick services.

CALEB STRONG.
February 11, 1802.

• Not printed in previous editions.

1801. — Governor's Messages, Etc. 587

[January Session, 1801.*]

Gentlemen of the Senate & Gentlemen of the House of
Representatives,

By advice of the Council I have directed the Secretary
to lay before you a Letter from two Officers of the Militia
in the County of Hancock, requesting compensation for
services for which no provision has been made by Law.

CALEB STEONG.

Council Chamber, February 17th, 1802.

* Not printed in previous editions.

INDEX.

Page

Abberdeen, Ceasor, relating to 244, 246

Abbot, General, relating to 581

John Lovejoy, trustee, appointed 266

Capt. Jonathan, trustee, appointed 266

Nehemiah, adjutant, account allowed 250

Timothy, trustee, appointed 266

Zebina, relating to 70

Abbott, John Lovejoy, to call meeting 267

Abington, town of, account allowed for support of poor . 158, 469, 548
Aborn, Samuel, Jr., relating to ....
Academy, Lincoln, established ....
Nantucket, established ....
Academy of Arts and Sciences and the Massachusetts Historica
Society, copyright and plates of the maps of the Com
monwealth granted to ...

Accounts, committee on, allowance to

164, 232, 464, 545

authorized to allow accounts of Nathan Dane and others
report of, roll No. 43, accepted
report of, roll No. 44, accepted
report of, roll No. 45, accepted
report of, roll No. 46, accepted
to examine accounts of gaolers
to pass upon accounts for guardianship of Indians
Accounts, treasurer's, committee appointed to adjust
for county of Barnstable, allowed
for county of Berkshire, allowed
for county of Bristol, allowed .
for county of Cumberland, allowed
for county of Dukes County, allowed
for county of Essex, allowed .
for county of Hampshire, allowed
for county of Kennebeck, allowed
for county of Lincoln, allowed
for county of Middlesex, allowed
for county of Norfolk, allowed .

144
61
73

467

445
158
241
469
548
201
447
142
184, 502
. 450

157, 451
192, 494

. 191
183, 506
201, 494
454, 496
204, 505

158, 458
182, 503

592 Index.

Page

Accounts, treasurer's, for county of Plymouth, allowed . . 155, 450

for county of Suffolk, allowed 201, 533

for county of Washington, allowed 184, 495

for county of Worcester, allowed 189, 503

for county of York, allowed 188,504

Adams, town of , account allowed for support of poor . 242,469,548
Adams, Abner, and others, set off from town of Sutton and annexed

to town of Northbridge 48

Barnabas, relating to 295

Benjamin, authorized to sell the real estate mentioned . . 144

Hannah, relating to 472

Israel, relating to 447

John, adjutant, account allowed 250

John, president of the United States, address of legislature to 210
John, president of the United States, reply of, to address of

the legislature 575

John, trustee, appointed 264

John, Jr., adjutant, account allowed 556

Josiah, relating to 447

Micah, adjutant, account allowed 472

Maj. Solomon, relating to 248

Stephen, relating to 447

Thomas, relating to 243, 549

William, allowance to 515

William, relating to 345

& Rhodes, account allowed 559

Address, of the house of representatives in reply to governor's

speech 137, 168, 179, 441, 478

of the senate in reply to governor's speech 134, 167, 178, 439, 477

Adjutant general, account allowed 249, 555

Adkins, David, relating to 295

Agar, Peter, relating to 551

Agents for demanding and receiving fugitives from justice, relative

to appointment of 267

Agricultural Society, Kennebeck, incorporated 53

Alden, Josiah, trustee, appointed 311

Alderman, alias James Thomas, Indian, relating to . . . .160

Aldridge, Obed, relating to 74

Alewife fishery, in brook running out of Wakepee pond, in planta-
tion of Marshpee, regulated 259

in gulf stream in towns of Scituate and Cohasset, part of act

regulating, repealed 284

in town of Bridgewater, act in addition to act regulating 90, 341

in towns of Lynn, Lynnfield and Reading, regulated . . 351

Alewife and shad fishery in town of Warren, regulated . . . 367

Alewife, salmon and shad fisheries, part of act for preservation of,

in rivers, streams and waters in counties of Lincoln and

Cumberland, repealed 258

Index. 593

Page
Alewives, act in addition to act regulating taking of, in town of

Middleborough 308

act to prevent the destruction of, in river and streams in town

of Kingston 348

preservation of, in towns of Middleborough and Rochester . 366
taking of, regulated, in town of Boothbay .... 320
taking of, regulated, in town of Vassalborough . . . 315
taking of, regulated, in town of Weymouth .... 94
Alford, town of, account allowed for support of poor . . 242, 548

Alfred, town of, fine remitted 204

Allen, James, authorized to take the name of James Armour Allen . 91

John, relating to 470

Dr. Joseph, relating to 159

Nathaniel C, allowance to 164, 232

Nathaniel C, to issue warrant 319, 365

Nathaniel C, brigade major, account allowed . . . 161,472

Nathaniel Coit, relating to 458, 493

Phinehas, account allowed 473, 55S

Thomas, relating to 91

Almy, Job, relating to 295, 347

Alvord, Elijah, 2d, adjutant, account allowed 556

Ambler, Christopher, relating to 553

Ames, Fisher, relating to 373

Moses, to issue warrant 44, 324

Amesbury, town of, account allowed for support of poor . . 158, 469
Amherst, town of, certain inhabitants of town of Belchertown an-
nexed to Second Parish in 19

Ammidon, Caleb, relating to 537

Calvin, relating to 70

Calvin, and others, resolve on petition of .... 537

John, relating to 70

Luther, relating to 70

Luther, and others, resolve on petition of ... 537

Silas, relating to 71

Amory, Jonathan, Jr., relating to 67

Amos, Sarah, Indian, relating to 511

Sarah, Indian, resolve on petition of 174

Anderson, James, relating to 295

Andover, town of, account allowed for support of poor . . 158, 242
trustees of the free school in North Parish in, incorporated . 264
trustees of the free schools in South Parish in, incorporated . 265
Andover and Boxford, towns of, company of cavalry to be estab-
lished in 228

Andover bridge, act in addition to acts respecting .... 333

Andrews, Jacob, relating to 12

Jacob, Jr., relating to 12

John, relating to . 67

Richard, relating to 12

594 Index.

Page

Annis, Betty, relating to 243

Army, the late continental, relative to grants of lands to soldiers of 467
Arnold, Timothy, and others, set off from town of Washington and

annexed to town of Lenox 318

Artillery, company of, to be raised in fourth division of militia 156, 452

to be raised in fifth division of militia 504

to be raised in seventh division of militia .... 208

Asburn, Alexander, relating to 295

Ash, Henry, relating to 548

Ashby, town of, account allowed for support of poor . . . 548

fine remitted 204

Ashley & Brewer, account allowed ...... 253, 558

Ashman, Phineas, relating to 295

Ashton, Jacob, relating to 355

Jacob, and others, to call meeting 10

Assessors, First Parish in town of Newbury, authorized to assess

taxes 216

town of Ellsworth, authorized to assess tax .... 545
Assessors' returns of ratable estates within the Commonwealth,

concerning

456

Assistant clerk, of the house of representatives, allowance to

165, 173, 238, 463, 544

of the senate, allowance to 165, 173, 228, 465, 544

Athearn, James, resolve on memorial of . . . . • 511

Atherton, Israel, resolve on petition of 169

Atkinson, Moses, relating to 338

Atsatt, John, relating to 243, 549

Attleborough, town of, account allowed for support of poor . 242, 548
Attley, Ebenezer, and others, set off from town of Washington and

annexed to town of Lenox 318

Attorney general, allowance to 210

authorized to release or cancel a certain contract . . . 466
directed to defend suit against John Bosson .... 483

grant to 480, 546

relating to 224

to apply to the supreme judicial court to set off the Common-
wealth's part of the old state house 166

to endeavor to vest certain real estate in the Commonwealth . 239
to obtain decree from probate court in the case mentioned . 451
to submit question of partition of the old state house to

referees 513

and solicitor general, to be furnished with list of towns de-
linquent in making election returns 231

Atwater, Reuben, relating to 295

Russell, relating to 295

Augusta, town of, boundary line between the South Parish in, and

the parish in Hallowell, altered 272

Austin, Benjamin, Jr., relating to 458, 492

Index. 595

Page
Avery, John, secretary of the Commonwealth, pay established 145, 446

Avon, town of, incorporated 331

Ayers, Ebenr. , relating to 554

Ebenr. , and wife, relating to 247

James, brigade major, account allowed 249

Aylwin, Charles F., assistant clerk of the senate, allowance to . 165

Bacon, Enoch, relating to 71

Ephraim, relating to 71

George, relating to 342

Bailey, James, trustee, appointed 266

Rev. Kiah, trustee, appointed 61

Baird, Aaron, relating to 295

James, relating to 295

Baker, Jedediah, allowed to take the name of Washington Baker . 294

Thomas, adjutant, account allowed 250

Baldwin, Rev. Thomas, chaplain of the house of representatives,

allowance to 238, 543

Balham, John, account allowed 549

John, and others, account allowed 247

Ballard, Ephraim, relating to 214

Bancroft, Azariah, relating to 294

Enoch, relating to 294

Jeremiah, relating to 474

John P. , relating to 474

Samuel, relating to 246, 294, 553

Thomas, to issue warrant . 311-

Bangor, town of, lands confirmed to settlers in 217

remitted the sum mentioned 541

tax abated 205

Bangor Bridge and Mill Company, incorporated .... 301

Banister, Liberty, aide de camp, account allowed .... 555
Bank, Gloucester, act in addition to act incorporating president,

directors and company of 18

Bank bills, act more effectually to prevent forgeries of ... 80

circulation and currency of certain, prohibited . . . 379
Baptist Church and Society, United, in towns of Rochester and New

Bedford, incorporated 30

Baptist Society, First, in town of Brookfield, incorporated . . 33

in Berwick, proceedings of, made valid 141

Baptist Society, United, incorporated 11

Barber, Robert, relating to 159, 243, 470, 549

Barden, Gersham, relating to 343

Bardwell, Simeon, relating to 533

Barker, Caleb, relating to 243, 550

Barlow, Edmund, Jr., relating to 295

596 Index.

Page

Barlow, James, relating to 295

Jonathan, relating to 295

Barnard, Rev. Dr. Thomas, relating to 310

Rev. Dr. Thomas, trustee, appointed 264

Barnes, Elihu, relating to 303

Barns, Joseph, allowance to 515

Barnstable county, accounts of treasurer allowed and tax granted 184, 502

Barr, Alexander, authorized to convey the real estate mentioned . 535

Barre, town of, account allowed for support of poor . 159, 469, 549

Barrett, Joseph, relating to 71

Joseph, Jr., relating to 71

Barter, Henry, relating to 484

Peletiah, relating to 484

Robert, relating to 484

Bartlet, Benjamin, allowance to 512

Dr., relating to 160

Jehu, and others, set off from town of Sutton and annexed to

town of Northbridge 48

Josiah, account allowed 242

Bartlett, Abraham, allowance to 538

Andrew, Jr. , relating to 343

Ansell, relating to 343

Bailey, account allowed 558

Baley, account allowed 252

Diman, relating to 343

Elkanah, relating to 343

Elkanah, Jr., relating to 342

Isaac, relating to 343

Jesse, relating to 342

John, account allowed 549

John, Jr*, relating to 342

Joseph, relating to 342

Josiah, account allowed 548, 559

Josiah, agent, appointed 216

Nathan, allowance to 143

Nathaniel, 4th, relating to 342

Stephen, relating to 342

Sylvanus, relating to 342

Barton, William, relating to 471, 553

Bass, Abraham, relating to 159, 243, 549

Bassett, Alvin, and others, set off from town of Sutton and annexed

to town of Northbridge 48

Jacob, and others, set off from town of Sutton and annexed to

town of Northbridge 48

Joshua, and others, set off from town of Sutton and annexed

to town of Northbridge 48

Batchelder, Benjamin, relating to 345

Bates, Col., relating to 162

Index. 597

Page

Bates, John, relating to 160

Linus, relating to 303

Nathan, relating to 295

Samuel, relating to 548

Battis, John, relating to 244, 470, 551

Mary, relating to 244, 551

Battles, Caleb, relating to 342

Baxter, Ezekiel, relating to 33

Baylies, William, relating to 63

Beale, Benjamin, relating to 381

Beard, John, relating to 30

John M., relating to 30

Becket, town of, account allowed for support of poor . . . 469

Bedient, Jesse, relating to 245, 552

Beebee, Comfort, relating to 303

Beef, act in addition to act regulating inspection of . . . . 285

Belcher, Supply, to issue warrant 333

Belchertown, town of, account allowed for support of poor

159, 242, 469, 548
certain inhabitants set off from, and annexed to Second Parish

in town of Amherst . . 19

doings of, confirmed 236

Beldin, Oliver, Jr., adjutant, account allowed .... 472, 556

Belfast Bridge Company, incorporated 46

Belfast river, certain persons incorporated for purpose of building

a bridge over 46

Bell, William, relating to 161, 472

Bellingham, town of, fine remitted 204

Bement, Judah, relating to 295

Bemis, Luke, account allowed 248

Benett, Ezra, relating to 33

Benner, Margaret, relating to 469, 548

Bennett, Asahel P. , relating to 287

John, relating to 33

Joseph , relating to 33

Reynolds, relating to 33

Bennit, Margaret, relating to 158

Benson, John, authorized to take the name of John Henry Benson . 385

Joseph, relating to 385

Benterodt, John W., and wife, relating to 551

Bentrodt, John William, and wife, relating to 244

Berkley, town of, proprietors of bridge over Taunton Great river,

between town of Dighton and, incorporated ... 63
Berkshire county, accounts of treasurer allowed and tax granted . 450
time of holding courts of common pleas and of general ses-
sions of the peace in, changed 93

Berkshire and Hampshire counties, time of holding supreme judicial

court in, changed 257

598 Index.

Page

Berwick, town of, account allowed for support of poor .. . 242, 549

proceedings of Baptist Society in, made valid . . . . 141

Besse, Joshua, relating to 30

Nathaniel, relating to 30

Bettis, Nathaniel, relating to 21

Betty, Thomas, relating to 247

Beverly, town of, account allowed for support of poor . . 242, 549

company of light infantry to be raised in 192

Beverly, John, allowance to 197

Bigelow, Aaron, relating to 295

Daniel, to issue warrant 59

Timothy, commissioner, appointed 186

Billerica, town of , account allowed for support of poor . . 242,549

Billings, Joseph, adjutant, account allowed 556

Bills, bank, act more effectually to prevent forgeries of . . . 80
circulation and currency of certain, prohibited . . . 379

Bird, Jerusha, relating to 243, 550

Joshua, relating to 159

Bishop, John, relating to 342

John, Jr., relating to 342

Nathaniel, relating to 21

Black, Moses, relating to 381

Blackington, William, relating to 373

Blackman, Eli, relating to 253

Blade, Charles, relating to 163, 253, 475

Blair, Asa, relating to 295

David, relating to 295

Isaac, relating to 12

Reuben, relating to 295

Samuel, agent, appointed 510

Timothy, relating to 295

Blakeley, Elizabeth, relating to 469

Freeman, relating to 548

Blanchard, Benjamin, adjutant, account allowed . . . 472, 556
George, brigade major, account allowed .... 161, 555
Blanford, town of, account allowed for support of poor . . 242,549
certain inhabitants of, incorporated as the United Baptist

Society in 11

Blasdel, Richard S., and others, resolve on petition of . . . 194

Blasdell, Stephen, relating to 172

Blatchfield, John, relating to 470

Blinkins, Deborah, relating to 471,550,553

Bliss, Ebenezer, and others, set off from town of Belchertown and

annexed to Second Parish in town of Amherst ... 19

George, commissioner, appointed 186

Jacob, account allowed 248

Blood, Coburn, resolve on petition of 233

William, relating to 71

Index. 599

Page

Blossom, Enos, relating to 21

Matthias, adjutant, account allowed .... 250, 556

Board of health, account allowed for support of poor . . . 469

act in addition to act empowering town of Salem to choose . 27
for town of Boston, grant to, for erection of buildings on

Rainsford island 145

for town of Boston, resolve on memorial of .... 240
town of Marblehead empowered to choose .... 325
Boats and lighters, transportation of stone, gravel or sand in, regu-
lated 99

Boies, David, relating to 295

David, 2d, relating to 295

Levi, relating to 295

Reuben, relating to 295

Samuel, 2d, relating to 295

Samuel, 3d, relating to 295

William, Jr. , relating to 295

Bolton, Richard, relating to 553

Bond, John, account allowed 470

Nicholas, 2d, resolve on petition of 446

Nicholas, Jr., and Reuben Smith, 2d, resolve on petition

of 174

William, relating to 78

Boody, John, allowance to 515

Boothbay, town of, account allowed for support of poor . . . 242

fine remitted 488

taking of alewives in, regulated 320

Bosson, John, resolve on petition of 483

Boston, town of, account allowed for support of poor 159, 242, 469, 549
grant to board of health of, for erection of buildings on Rains-
ford island 145

proprietors of the Boston Pier or Long Wharf in, empowered

to execute deed of land mentioned 438

relative to storing and safe keeping of gunpowder in . . 292

resolve on memorial of board of health for .... 240

watch established in 309

Boston dispensary, incorporated 66

Boston pier or Long wharf, proprietors of, empowered to execute

deed of land mentioned 438

Boulton, Richard, relating to 246

Boundary line, between the Commonwealth and New Brunswick,

relative to 542

between the Commonwealth and Connecticut, commissioners

to ascertain, vested with necessary powers . . . 185
between the Commonwealth and Rhode Island, additional com-
missioner on, to be appointed 459

between the Commonwealth and Rhode Island, commissioners

on, appointed 221

600 Index.

Page

Boundary line, between Massachusetts and Rhode Island, message

of governor relative to . » 580

between the South Parish in Augusta and the parish in Hallo-
well, altered 272

between towns of Vassalborough and Harlem, established . 55
Boundary lines between the Commonwealth and states of Connecti-
cut and Rhode Island, grant to commissioners for ascer-
taining 452

Boutill, David, adjutant, account allowed 250

Bowditch, Benedict, relating to 295

Bowdoin, James, account allowed 559

James, relating to 458, 492

William, resolve on petition of 510

Bowdoin college, resolve on petition of trustees of . . . . 220

Bowles, Amaziah, relating to 30

Benjamin, relating to 30

Isaac, relating to 30

Samuel, relating to 30

Samuel, Jr. , relating to 30

Bowman, Lucy, relating to 448

Boxborough, town of, account allowed for support of poor 159, 242, 548
Boxford, town of, account allowed for support of poor . . 242, 548
Boxford and Andover, towns of, company of cavalry to be estab-
lished in 228

Boxford, Benjamin, relating to 303

Boyd, Deacon, relating to 391

James, relating to 213

Boyl, John, account allowed 251

Boyle, Col. John, account allowed 559

Boynton, Abel, authorized to convey the land mentioned . . . 546

Abel, resolve on petition of 465

Bozworth, David, Jr., relating to 21

Brabrook, Nancy, relating to 546

William, relating to 546

Bradbury, Theophilus, member of committee, appointed ... 76

Bradford, town of, company of light infantry to be raised in . . 235
Bradford, Methuen and Haverhill, towns of, company of cavalry to

be established in 228

Bradford, Rev. Alden, trustee, appointed 61

Pelham, relating to 343

William, relating to 342

Bradley, Abraham, relating to 12

Rev. Caleb, relating to 487

Eli, relating to 21

Jared, relating to 21

Jesse, relating to 21

Bragg, John, trustee, appointed 56

Brailsford, Norton, account allowed 559

Index.

601

Page
. 342
. 204
. 245
482, 533
249, 558
100
342
553
246
542
460
253, 558
460

Brainhall, Joseph, relating to

Braintree, town of, fine remitted .

Branscomb, Charles, relating to .

Brattle, Thomas, relating to

Bray, John, account allowed

Bread, manufacture and sale of, regulated

Breck, Moses, relating to .

Breeden, Elizabeth, relating to .

Breeding, Elizabeth, relating to .

Bressee, Hendrick William, resolve on petition

Brewer, Abigail, relating to

Ashley &, account allowed

Clarissa, relating to .

Ebenezer, resolve on petition of

Eliab, relating to

Isaac, relating to

John, account allowed

John, relating to

Lyman, relating to .

Thomas, relating to .
Brewster, Jonah, adjutant, account allowed

Joseph W., relating to

Oliver, relating to
Bridge, Andover, act in addition to acts concernin

Bangor, and Mill Company, incorporated

Chelsea, and Salem Turnpike Corporation, incorpo

Neponset, proprietors of, incorporated .

over New Meadow river, proprietors of, incorporated .

over North river, between towns of Scituate and Marshfield
proprietors of, incorporated

over Taunton Great river, between towns of Dighton and
Berkley, proprietors of, incorporated

over Winnogance creek, proprietors of, incorporated

toll, over Westfield Great river, town of Westfield authorized
to build ....
Bridge Company, Belfast, incorporated
Bridge, Edmond, account allowed

Edmund, account allowed .

James, relating to

William, adjutant, account allowed
Bridges and ways, private, act in addition to act relative to repairs

on 400

Bridgewater, town of, account allowed for support of poor . . 548

act in addition to act regulating alewife fishery in . . 00, 341

Briggs, Nathan, relating to 30

Brigham, Elijah, account allowed 474

Elijah, agent, appointed 214

Joseph, Jr., adjutant, account allowed 472

ated

241
21
460
549
554
460
67
556
295
295
333
301
355
381
317

273

63
316

163, 252

473, 558

250, 556

602 Index.

Page
Brimfleld, town of, account allowed for support of poor . . . 548

Brimmer, Herman, relating to 239

Bristol county, accounts of treasurer allowed and tax granted . 157, 451

additional notary public to be chosen for 437

Bristol, Norfolk and, Turnpike Corporation, incorporated . . 372

relating to 538

Broadbent, William, relating to 244, 551

Brookfleld, town of, account allowed for support of poor 159, 242, 469, 549

First Baptist Society iu, incorporated 33

probate court to be held in West Parish in ... 198

Brooks, Aaron, adjutant, account allowed 250

Elisha, allowance to 515

John, relating to 163

William, relating to 53

Brow, Frances, relating to 243, 550

John, relating to 160, 247

Simon, relating to 160, 471

Brown, Adam, account allowed 558

Alexander, relating to 71

Asahel, and others, set off from town of Washington and

annexed to town of Lenox 318

Elizabeth, relating to 161, 247, 654

Ezra, and others, resolve on petition of 510

Frederick, relating to 74

Henry Young, relating to 134

John, allowance to 472, 515

John, relating to 161

John, and others, account allowed 247

Nathan, relating to ' . . . 70

Bufus, relating to 71

Salley, relating to 245

Samuel, allowance to 515

Sandford, relating to 21

Thomas, relating to 21

Zadock, relating to 295

Brownell, Cook, relating to 30

James, relating to 30

Brownfleld, town of, incorporated 323

Brows, David, relating to 554

Bruce, Jesse, relating to 295

Joseph, relating to 194

Sarah, treasurer to issue new note to 194

Simon, relating to 194

Buckland, town of, account allowed for support of poor . 159, 242, 548

Buel, William, relating to 287

Buker, Israel H., adjutant, account allowed 472

Bulflnch, Charles, and others, authorized relative to repairs on state

house 547

Index. 603

Bull, William, adjutant, account allowed 250

William, relating to 247

Bullard, Eli, account allowed 558

Burdett, Nathan, relating to 241

Burditt, Nathan, relating to 448

Burgess, Edward, relating to 159, 247

Burnam, James, adjutant, account allowed 556

Burnham, Thomas, relating to 303

Burrows, Jonathan, adjutant, account allowed .... 161, 556

Burt, Aaron, adjutant, account allowed 250

Moses, Jr., adjutant, account allowed 556

Burton, Robert, relating to 554

Bush, Daniel, relating to 287

Horace, relating to 287

Obadiah, relating to 287

Bussey, Benjamin, relating to 67

Butlar, Peter, adjutant, account allowed 250

William, account allowed 253

Butler, James, allowance to 515

James, relating to 549

Thomas, relating to 554

William, account allowed . . 473

Butter, relative to inspection of 37, 71

Button, Perry, relating to 295

Byfield, parish of, resolve on petition of certain inhabitants of . 447

Byington, Isaiah, adjutant, account allowed 250

Josiah, account allowed 248

By-laws of towns, relative to prosecutions for breaches of . . 354

Cabot, Charles, authorized to take the name of Charles George Cabot 17

George, relating to 18

Cain, John, relating to 247

Caise, Robert, relating to 551

Caldwell, William, account allowed 470

Callahan, Partrick, relating to 158

Cambridge, town of, account allowed for support of poor . 243, 549

certain inhabitants of town of Charlestown annexed to . . 371
Canals and locks on Connecticut river, lottery granted for benefit of

proprietors of 334

resolve on petition of proprietors of 214

Candice, , relating to 159

Cane, John, relating to 554, 560

Cannon, Martin, relating to 295

Robert, relating to 295

Samuel, relating to 295

Canton, town of, account allowed for support of poor . . . 243

604 Index.

Page

Canton, town of, fine remitted 204

proprietors of Pequit Brook meadows in, incorporated . . 378
Canton, Dedham and Milton, towns of, act in addition to act incor-
porating proprietors of meadow lands in . . . . 399
Cape Elizabeth, town of, account allowed for support of poor 159, 470

fine remitted 204

resolve on petition of 148

Cape Poge, tract of land ceded to United States for light house on . 91
Capen, Mary, Mary Fowle authorized to resume the name of . . 501

Capron, Joshua, relating to 246, 471

Cargill, Ellenor, relating to 550

Carleton, Osgood, relating to 230

Carlisle, town of, account allowed for support of poor . . . 159
Carlisle, district of, account allowed for support of poor . 243, 470, 549

Carlow, Mary, relating to 553

Carlton, Jonathan, relating to 484

Moses, trustee, appointed 61

Osgood, allowance to 157

Carpenter, Benjamin, relating to 72

Benjamin, and others, to call meeting 73

Sarah, and others, set off from town of Sutton and annexed to

town of Northbridge 48

Thomas, 2d, relating to 63

Carr, Rachel, relating to 243, 470, 549

Carrier, Levi, and others, set off from town of Washington and an-
nexed to town of Lenox 318

Carrol, Anna, relating to 246

Carroll, Betty, relating to 159, 470

Carryl, Eleaner, relating to . . . 243

Carswell, Miss, relating to 246

Carter, Ezbon, adjutant, account allowed 472

James, relating to 242, 549

Joshua, member of committee, appointed .... 76

Carver, town of, fine remitted 204

Cary, Samuel, relating to 74

Castine, town of, account allowed for support of poor . . . 549
quartermaster general authorized to purchase land for a gun

house in 455

Catherine, Indian, relating to 548, 553

Cavalry, company of, to be established in towns of Andover and

Boxford 228

company of, to be established in towns of Haverhill, Bradford

and Methuen 228

company of, to be raised in eighth division of militia . . 197
in the first and second brigades, first division of militia, to be

formed into two squadrons 205

Cawin, Partrick, relating to 159

Cazneau, Edward, allowance to 214, 506

Index.

605

town of Washington and

. 556
. 459
244, 551
to execute deeds of the

. 484

. 253

. 48, 54, 458, 493

. 555

266

318

town of Washington and

. 318
. 248
238, 543
238, 543
12
12
472, 555
161, 248

Center, Ebenezer, adjutant, account allowed
Challis, Joseph, resolve on petition of
Chambei'lain, David, relating to .
Chamberlin, John, and others, authorized

land mentioned .
Chandler, David, relating to

John, relating to

Lt. Col. John, relating to .

Joshua, trustee, appointed
Chapel, Ebenezer, and others, set oft' from
annexed to town of Lenox .

Joseph C, and others, set off from
annexed to town of Lenox .
Chapin, Col. Silas, relating to
Chaplain, of the house of representatives, allowance

of the senate, allowance to
Chapman, Abner, relating to

Isaac, relating to
Chappel, Abigail, relating to
Chappie, Abigail, relating to
Charlemont, town of, account allowed for support of poor 159, 243, 470, 549
Charlestown, town of, account allowed for support of poor . 243, 549

certain inhabitants set off from, and annexed to town of Cam-
bridge 371

United States authorized to purchase land in, for a navy yard 35
Charlton, town of, account allowed for support of poor . . 243, 549

act in addition to act incorporating proprietors of the new
Congregational centre meeting house in .

Second Religious Society in, incorporated ....
Chase, Joseph, relating to

Peter, relating to

Chelmsford, town of, account allowed for support of poor . 243
Chelsea Bridge and Salem Turnpike Corporation, incorporated
Cheney, Maj. Ebenr., relating to

Thomas, relating to

Cheshire, town of, account allowed for support of poor . . 159, 470

Chester, town of, fine remitted 203

Chester, plantation of, incorporated as town of Chesterville . . 321

Chesterfield, town of, fine remitted 203

Chesterville, town of, incorporated 321

Chillson, Levi, relating to . . • 33

Church, Episcopal, in town of Portland, act in addition to act incor-
porating 372

Church and congregation in town of Warwick, part of act repeal-
ing act to incorporate the committee of, repealed . . 18
Church and Society, United Baptist, in towns of Rochester and New

Bedford, incorporated 30

Church, Esther, relating to 160, 246, 471, 553

261

549

355

248

606 Index.

Page

Churchill, Amaziah, Jr. , relating to 343

Barnabas, relating to 342

Branch, relating to 342

Caleb, relating to 343

Nathaniel, relating to 343

Samuel, relating to 342

Samuel, 3d, relating to 343

Solomon, relating to 342

Sylvanus, relating to 342

Thaddeus, relating to 342

Thaddeus, Jr., relating to 342

Willson, relating to 343

Civil list 129, 431

Clap, Caleb, relating to 391

Jeremiah, brigade major, account allowed .... 161

William, resolve on petition of 462

Clapp, Jeremiah, brigade major, account allowed .... 249
Clark, Alexander McLeod, authorized to take the name of Alexander

Clark 91

Ebenezer, relating to 71

Eleazer, agent, appointed 510

Elias, relating to 91

Isaac, and others, treasurer to stay execution against . . 195

Jane, relating to 247

Jeptha, relating to 70

John, allowance to 515

John, relating to 30, 342, 501

John, and others, treasurer to stay execution against . . 195

John, Jr., treasurer to stay execution against .... 195

Joseph, and others, treasurer to stay execution against . . 195

Moses, relating to 70

Moses, and others, treasurer to stay execution against . . 196

Nathaniel, relating to 342

Nathaniel, Jr. , relating to 342

Nathaniel, 3d, relating to 342

Peter, adjutant, account allowed .... 161, 250, 556

Phebe, relating to . . .- . .161, 247, 554

Solomon, relating to 70

Uzziel, relating to 287

Zouth, relating to 342

Clarke, Phebe, relating to 472

Clark's point, land ceded to United States for light house on . . 26

Claston, Matthias, relating to 242

Claxton, Matthias, relating to 549

Clemmon, William, relating to 247

Clemmons, David, relating to 71

Clerk of the court of general sessions of the peace for the county of

Dukes County, authorized to issue warrant . . . 140

Index. 607

Page

Clerk, of the house of representatives, allowance to 166, 172, 238, 463, 543

of the senate, allowance to 166, 172, 238, 463, 543

Clue, Robert, relating to 243, 550

Cobb, Job, relating to 342

Lemuel, relating to 342

Lemuel, Jr., relating to 342

Silas, account allowed 251

William, relating to 74

Cochran, R. B., relating to 46

Robert B. , allowance to 515

Cockran, Abner, relating to 12

Glass, relating to 12

Codman, Stephen, relating to 438

Coe, Enoch, relating to 303

Ephraim, relating to 303

James, relating to 295

Luther, relating to 303

Oliver, relating to 295

Coffin, Isaac, relating to 74

Isaac, to call meeting 75

Jeremiah, relating to 49 1

Joshua, relating to 74

Micajah, relating to 458, 493

Nathaniel, relating to 49 1

Peleg, account allowed 162, 251, 474, 559

Peleg, agent, appointed 463

Peleg, treasurer, grant to, for repairs on governor's house . 537
Peleg, treasurer, grant to, to complete repairs on the province

house 215

Peleg, treasurer, resolve on representation of . . . . 155

Peleg, treasurer, to make repairs on the province house . . 150
Peleg, and John Read, authorized to execute a new contract

with Thomas Monkhouse 540

Peleg, and John Read, empowered to have certain land laid

out in lots 484

Peleg, and Jno. Read, to lay out the land mentioned . . 500

Nathaniel, assistant clerk of the senate, allowance to . . 465

Shubael, 2d, relating to . . . . . . 74

William, account allowed 470,550

Cohasset and Scituate, towns of, part of act regulating alewife fish-
ery in, repealed 284

Colburn, Reuben, relating to 44

Colcord, Job, relating to 345

Josiah, relating to 345

Cole, Henery, relating to 246

Coleman, Jonathan, relating to 90

Silvanus, 3d, authorized to take the name of Davis Coleman . 90

College, Bowdoin, resolve on petition of trustees of . . . . 220

Coller, Ezra, relating to 200

608

Index.

Page

Collier, Isaac, and others, resolve on petition of .... 223

Collins, Jenny, relating to 553

Lemuel, relating to 21

Colrain, town of, account allowed for support of poor 159, 243, 470, 549

Colson, Ichabod, allowance to 515

Columbia, town of, tax abated 189

Commings, Rachel, relating to 244

Commissioner, additional, to be appointed on the boundary line be-
tween the Commonwealth and Rhode Island . . . 459
Commissioners for ascertaining boundary lines between the Com-
monwealth and states of Connecticut and Rhode Island,

grant to 452

Committee for the publication of statute laws of the Commonwealth,

directions to 229

Committee for the sale of eastern lands, authorized to alter the con-
tract mentioned 194

authorized to take new notes or securities for the amount of a

certain sale 439

directed relative to lands in town of Bangor .... 217

discharged 463

settlement of accounts with 219

to credit Zebina Curtis with the sum mentioned . . . 231

to execute deeds to Abel Cutler and John Peck . . . 199
to give Richard Ellingwood and Daniel Livermore title to the

lands mentioned 214

to have the bounds of a certain township examined . . 221

to sell the lands mentioned 153

Committee on accounts, allowance to

164, 232, 464, 545

authorized to allow accounts of Nathan Dane and others . 445

report of, roll No. 43, accepted 158

report of, roll No. 44, accepted 241

report of, roll No. 45, accepted 469

report of, roll No. 46, accepted 548

to examine accounts of gaolers 201

to pass upon accounts for guardianship of Indians . . . 447

Committee on general valuation, appointed 456

report of 516

Commonwealth, the, act for ascertaining the ratable estates within . 82
additional commissioner on the boundary line between Rhode

Island and, to be appointed 459

amendment of act relative to method of inquiring into the

ratable estates within 441

commissioners appointed to ascertain the boundary line be-
tween Rhode Island and 221

commissioners to ascertain boundary line between Connecti-
cut and, vested with necessary powers .... 185
copyright and plates of the maps of, granted to the Academy of

Arts and Sciences and the Massachusetts Historical Society 467

Index. 609

Page
Commonwealth, the, directions to committee for the publication of

statute laws of 229

grant to commissioners for ascertaining boundary lines be-
tween Connecticut and Rhode Island and .... 452

printers to, appointed 151

relative to boundary line between New Brunswick and . . 542

relative to distribution of maps of 230,536

relative to distribution of statute laws of .... 230

relative to publication of maps of 152, 228

Company of artillery, to be raised in fourth division of militia 156, 452

to be raised in fifth division of militia 504

to be raised in seventh division of militia .... 208
Company of cavalry, to be established in towns of Andover and

Boxford 228

to be established in towns of Haverhill, Bradford and Methuen 228

to be raised in eighth division of militia 197

Company of light infantry, to be established in town of Gorham . 227

to be raised in town of Bradford 235

to be raised in town of Taunton 227

Conant, Daniel, relating to 206

John, relating to 206

Concord, town of, account allowed for support of poor 159, 243, 470, 550

Conden, Peggy, relating to 243, 549

Conecticut, Cajsar, relating to 550

Congregational centre meeting house, newT, in Charlton, act in ad-
dition to act incorporating proprietors of . . . . 261
Congregational minister in town of Kingston, trustees of fund for

support of, incorporated 835

Congregational Society, in Parsonsfleld, incorporated . . . 345

Third, in Plymouth, incorporated 342

Congress, act establishing districts for the choice of representa-
tives in 386

act establishing districts for the choice of representatives in,

continued 333

Connecticut, commissioners to ascertain boundary line between the

Commonwealth and, vested with necessary powers . . 185
Connecticut and Rhode Island, grant to commissioners for ascertain-
ing boundary lines between the Commonwealth and . 452
Connecticut river, lottery granted for benefit of proprietors of locks

and canals on 334

resolve on petition of proprietors of locks and canals on . 214
Connecticut river bridge, proprietors of, allowed further time for

completing the same 341

Continental army, the late, relative to grants of land to soldiers of . 467

Convers, Luke, relating to 33

Reuben, relating to 33

Converse, Eunice, relating to 160, 244, 470, 551

Conway, town of, account allowed for support of poor 159, 243, 470, 549

610 Index.

Page

Cony, Daniel, relating to 53

Cook, Moses, relating to 303

Moses, and others, resolve on petition of 495

Cooke, Thomas, treasurer to discharge bond of .... 505

Cooley, Clark, relating to 294

Daniel, relating to 295

William, relating to 294

William, Jr., relating to 294

Zadoek, relatiug to 294

Coolidge, Joseph, relating to 149

Cooper, John, account allowed 163, 252, 473, 558

Copeland, Moses, member of committee, appointed .... 369
Copley, Benjamin, and others, set off from town of Westfield and

annexed to town of West Springfield .... 347
Noah, and others, set off from town of Westfield and annexed

to town of West Springfield 347

Corbett, John, relating to 245

Corlew, Mary, relating to 246

Cornwell, Nancy, relating to 247, 554

Coroners in counties of Hancock and Lincoln, doings of, made

valid 35

Correl, Ann, relating to . 553

Cory, Daniel, relating to 554

Costalis, D , relating to 552

Coster, Martin, relating to 551

Cottrill, Mathew, trustee, appointed 61

Councillors, list of 129, 431

Counties, of Hampshire and Berkshire, time of holding supreme

judicial court in, changed . . . . . . . 257

of Hancock and Lincoln, doings of coroners in, made valid . 35
of Lincoln and Cumberland, part of act for preservation of
salmon, shad and alewife fisheries in rivers, streams and

waters in, repealed 258

of Lincoln and Cumberland, exempted from operation of

laws regulating fisheries in Sheepscot river ... 19
of York and Cumberland, preservation of fish in Crooked and

Songo rivers in 29

County of Barnstable, accounts of treasurer allowed and tax granted

184, 502

County of Berkshire, accounts of treasurer allowed and tax granted 450
time of holding courts of general sessions of the peace and of

common pleas in, changed 93

County of Bristol, additional notary public to be chosen for . . 437

accounts of treasurer allowed and tax granted . . 157, 451
County of Cumberland, accounts of treasurer allowed and tax

granted 192, 494

court of general sessions of the peace in, to apportion ex-
pense of highway 148

Index. Gil

Page
County of Cumberland, time of holding courts of general sessions

of the peace and of common pleas in, changed ... 45
County of Dukes County, accounts of treasurer allowed and tax

granted 191

clerk of the court of general sessions of the peace in, author-
ized to issue warrant 140

County of Essex, accounts of treasurer allowed and tax granted 183, 506
additional notary public to be chosen for . . . . 134, 436
courts of common pleas and of general sessions of the peace

in, adjourned 534

time of holding courts of general sessions of the peace and of

common pleas in, changed 60, 320

County of Hampshire, accounts of treasurer allowed and tax granted

201,494
time of holding courts of general sessions of the peace and

of common pleas in, changed 20, 93

County of Hancock, additional notary public to be chosen for . 436, 437
governor requested to issue proclamation offering reward for

apprehension of certain notorious offenders in . . . 175
County of Kennebeck, accounts of treasurer allowed and tax granted

454, 496

time of holding courts in, chauged 52

County of Lincoln, accounts of treasurer allowed and tax granted 204, 505
time and place of holding courts of general sessions of the

peace and of common pleas in, determined ... 49
County of Middlesex, accounts of treasurer allowed and tax granted

158, 458
County of Nantucket, time of holding courts of general sessions of

the peace and of common pleas in, changed . . . 275
County of Norfolk, accounts of treasurer allowed and tax granted 182, 503
additional term of court of common pleas established in . .351
County of Plymouth, accounts of treasurer allowed and tax granted

155, 450
County of Suffolk, accounts of treasurer allowed and tax granted 201, 533
relative to administration of justice in ..... 50
County of Washington, accounts of treasurer allowed and tax

granted 184, 495

judge of probate for, to be given compensation for services . 202
County of Worcester, accounts of treasurer allowed and tax granted

189, 503
resolve on petition of justices of the court of general sessions

of the peace for 186

tax granted 186

time of holding courts of general sessions of the peace and of

common pleas in, changed 41,93

County of York, accounts of treasurer allowed and tax granted 188, 504
court of general sessions of the peace in, to make Edward

Cutts and Daniel Sewell an allowance for travel . . 149

612 Index.

Tage
County of York, time of holding courts of general sessions of the

peace and of common pleas in, changed . . . . 17

Court, probate, to be held in West Parish of Brookfleld . . . 198

Court, supreme judicial, act in addition to act establishing . . 262

additional allowance to justices of 209, 507

for counties of Hampshire and Berkshire, time of holding,

changed 257

to be applied to to set off the Commonwealth's part of the old

state house .......... 166

Court of common pleas, additional term of, for county of Norfolk,

established 351

Court of general sessions of the peace, for county of Cumberland,

to apportion expense of highway 148

for county of Dukes County, clerk of, authorized to issue

warrant 140

for county of Worcester, resolve on petition of justices of . 186
for county of York, to make Edward Cutts and Dauiel Sewell

an allowance for travel 149

Courts for county of Kennebeck, time of holding, changed . . 52
Courts of general sessions of the peace and of common pleas, for
counties of Hampshire, Berkshire and Worcester, time of

holding, changed 93

for county of Cumberland, time of holding, changed . . 45

for county of Essex, adjourned 534

for county of Essex, time of holding, changed . . 60,320

for county of Hampshire, time of holding, changed . . 20

for county of Lincoln, time and place of holding, determined 49

for county of Nantucket, time of holding, changed . . . 275

for county of Worcester, time of holding, changed . . 41

for county of York, time of holding, changed .... 17

Coveagme, Pealpole, Indian, authorized to sell the land mentioned . 196

Covel, Edward, allowance to 515

Covington, Thomas, Jr., relating to 342

Cowdin, Hannah, and Benjamin Steward, resolve on petition of . 445

Thomas, relating to 445

Cowen, Patrick, relating to 470

Co win, Daniel, account allowed 252

Patrick, relating to 243

Cowing, Daniel, account allowed 560

Cowles, Elisha, relating to 287

Cox, Lemuel, and William Hawes, resolve on petition of . . . 216

Crain, John, relating to 161

Cram, Nathan, allowance to 515

Crane, Benjamin, relating to 63

Luther, relating to 63

Crocker, John, Jr , relating to 295

Mary, relating to 161, 248, 472, 555

Crooked river, preservation of fish in 29

Index.

613

Crosby, John, and others, resolve on petition of

Maj. Oliver, relating to
Croswell, Joseph, relating to
Crow, Christian, relating to

Christopher, relating to
Crowell, Jonathan, relating to
Crowninshield, Jacob, relating to
Culvert, Asa, relating to

Charles, relating to .
Cumberland county, accounts of treasurer allowed and tax gr

Page

194

248

343

160, 245

551

343

ranted

192, 494
court of general sessions of the peace in, to apportion expense

of highway 148

time of holding courts of general sessions of the peace and of

common pleas in, changed 45

Cumberland and Lincoln counties, part of act for preservation of
salmon, shad and alewife fisheries in rivers, streams and

waters in, repealed 258

exempted from operation of laws regulating fisheries in Sheep-
scot river 19

Cumberland and York counties, preservation of fish in Crooked and

Songo rivers in 29

Cummings, Rachel, relating to 160, 551

Cummington, town of, fine remitted 203

Cunningham, William, relating to 46

Currier, Daniel, and others, resolve on petition of . . . . 455

Curtis, Elijah, relating to 273

Nathl., and wife, relating to 552

Zebina, resolve on petition of 231

Curtiss, Charles, relating to 303

David, relating to 303

Levi, relating to 303

Linus, relating to 303

Nathan, relating to 303

Curwen, Samuel, Samuel Curwen "Ward authorized to take the

name of 385

dishing, John, and Thomas Hewes, resolve on petition of . . 461

Thomas C, account allowed 163, 559

Cushman, Cephas, relating to 30

Cutlar, John, account allowed 251

Cutler, Abel, and John Peck, committee for the sale of eastern

lands to execute deeds to 199

Benjamin Clark, account allowed 473

Benjamen Clarke, allowance to 516

Elihu, adjutant, account allowed 556

Cutter, Thomas, relating to 550

Cutts, Edward, and Daniel Sewell, resolve on petition of . . 149

Samuel, adjutant, account allowed 161

614 Index.

Page

Dagget, George, relating to 5ul

Daggett, Elijah, relating to 373

Daley, Mary, relating to 243, 550

Dana, town of, incorporated 58

Dana, Francis, and others, resolve on petition of ... 236

Dandrick, Christian, account allowed for support of poor . . 469

John Christian, relating to 159, 549

Dane, Nathan, account allowed 162, 474

Nathan, relating to 162, 251, 355

Nathan, and others, members of committee, pay established . 445

Daniels, Nathan, relating to 185

Danvers, town of, account allowed for support of poor . 159, 243, 550

Darling, Polly, relating to 343

Dartmouth, town of, account allowed for support of poor . 159, 243

Darwin, Ebenezer, relating to 470

Davenport, Jesse, adjutant, account allowed 472

Rufus, and Richard D. Tucker, resolve on petition of . . 453

Davie, Ebenezer, relating to 343

William, Jr., relating to 342

Davis, Capt. Aaron, account allowed 555

Amasa, grant to, for making improvements on hospital at

Rainsford island 240

Amasa, quartermaster general, settlement of accounts with 234, 539

James, relating to .163

John, account allowed 474

John, relating to 381

John, and others, members of committee, pay established . 445

Joseph, relating to 30

Patience, relating to 160, 246, 471

Sally, relating to 247, 554

Samuel, relating to 317

Samuel, treasurer to issue note to . .' . . . 202

Thomas, relating to 67, 438

William, relating to 163,247,474,554

Dawes, Thomas, account allowed 559

Thomas, member of committee, appointed .... 142
Thomas, and others, authorized relative to repairs on state house 547
Thomas, and John Coffin Jones, account allowed . . . 252
Thomas, and Edward H. Robbins, agents to build state prison,

grant to ......... 176

Dean, Francis, relating to 399

Dearborn, Benjamin, relating to 41

Henry, relating to 54, 581

Reuben, l'elating to 345

Simon, and others, resolve on petition of . . . .465

Index. 615

Page
Dedham, town of, accouut allowed for support of poor . . 243, 550
proprietors of a common and general field in, incorporated . 348
Dedham, Milton and Canton, towns of, act in addition to act incor-
porating proprietors of meadow lands in . . . . 399
Deerfleld, town of, account allowed for support of poor . . . 550
Deer Isle, town of, account allowed for support of poor . . . 550

notary public to be chosen in 437

Delano, Eliashib, relating to 214

Deming, Joel, adjutant, account allowed 556

Deraming, Betty, relating to 159

Demmon, Betty, relating to 242, 4G9, 548

Deuney, Thomas, 2d, authorized to take the name of Nathaniel P.

Denny 385

Dennis, David, trustee, appointed 61

Denny, Samuel, relating to . . . 385

Derwin, Ebenr., relating to 551

De Souza, Jos., relating to 552

Devotion, John, allowance to . . . . . . .154

Dewell, James, relating to 161, 247, 554

Dewey, Abel, relating to 295

Daniel, relating to 234

Joel, and others, set off from town of Westfield and annexed

to town of West Springfield 347

Josiah, and others, set off from town of Westfield aud annexed

to town of West Springfield 347

Josiah, Jr., and others, set off from town of Westfield and

annexed to town of West Springtield .... 347

Levi, relating to 12

Paul, relating to 21

Russell, adjutant, accouut allowed 250, 556

Stephen, brigade major, account allowed .... 249, 555

Stephen, relating to 287

Dexter, Dr. Aaron, relating to 355

Elias, relating to 30

John, relating to 30

Samuel, Jr., relating to 224

William, relating to 163, 253

Dickenson, Richard, relating to 295

Dickinson, Medad, brigade major, account allowed . . . 249,555

Obadiah, relating to 484

Oliver, relating to 295

Dickman, Thomas, account allowed 163, 473

Dickson, Walter, adjutant, account allowed 250

Dighton, town of, account allowed for support of poor . . . 550
proprietors of bridge over Taunton Great river, between town

of Berkley and, incorporated 63

Dike, Anthony, relating to 342

Anthony, Jr., relating to 342

616 Index.

Page

Dillingham, Elisha, relating to 163, 253, 475, 559

Diman, David, relating to 342

Josiah, relating to 343

Patience, relating to 343

Rebecca, relating to 343

Dimmik, Joseph, account allowed . . . . . . 252

Dispensary, Boston, incorporated 66

District, Carlisle, account allowed for support of poor . 243, 470, 549
Dover, account allowed for support of poor .... 159
Districts for the choice of representatives in congress, act establish-
ing ' 386

acts establishing, continued 333

Dix, David, relating to 70

Dixon, Hosea, relating to 552

Poladore, relating to 470, 550

Doane, Elisha, relating to 33,284

Nathan, relating to 33

Dodge, George, relating to 5

George and others, to call meeting 10

Nathaniel, 2d, l'elating to 33

Doe, Ebenezer, relating to 345

Joseph, relating to 345

Doget, Dennison, relating to 551

Doggett, Jesse, account allowed 248, 558

Jesse, and Abigail Gay, authorized to execute deed of the land

mentioned 532

Dollaf, John, allowance to 515

Donenson, Andrew, relating to 247

Donham, Elijah, relating to ........ 342

Isaac, relating to 343

John, relating to ......... 343

Joseph, relating to 501

Nathan, relating to 500

William, relating to 343

Donnison, William, adjutant general, account allowed . . 249, 555

Doolittle, Titus, relating to 12

Titus, Jr. , relating to 12

Dorchester, town of, account allowed for support of poor . 243, 550

gunhouse in, to be repaired 145

Dorr, Ebenezer, relating to 451

Doten, Daniel, relating to 342

John, relating to 343

John, Jr., relating to 343

Nathaniel, relating to 342

Prince, relating to 343

Douglas, town of, account allowed for support of poor . . 470, 550

Douglas, Thomas, relating to 242, 245

Douglass, Robert, relating to 484

Index. 617

Page

Douglass, Thomas, relating to 552

Dover, town of, account allowed for support of poor . . 243, 470

Dover, district of, account allowed for support of poor . . . 159

Drake, Elisha, relating to 33

Draper, Simeon, account allowed 560

Dresser, Moses, account allowed 248

Drew, Benjamin, Jr., relating to 343

Gersham, relating to 74

Ducktrap, plantation of, account allowed for support of poor . 470, 550
Dudley, town of, certain inhabitants of, incorporated into the Second

Religious Society in the town of Charlton ... 70

Dudley Indians, account of guardians of, allowed .... 560
accounts of guardians of, to be laid before committee on

accounts 447

grant to guardians of 150

Dudley, Joseph, relating to 448

Dugar, Charles, relating to 71

Charles, Jr., relating to . 71

Gload, relating to 71

Dukes county, accounts of treasurer allowed and tax granted . . 191
clerk of general sessions of the peace in, authorized to issue

warrant 140

Dummer, Nathaniel, relating to 53, 458, 492

Richard, Jr., relating to 447

Samuel, relating to 447

Shobaul, relating to 447

Dunbar, David, relating to 21

Samuel, relating to 21

Dunn, Samuel, relating to 67

Dunstable, town of, account allowed for support of poor . . . 550

fine remitted 461

Durfee, Roda, relating to 549

Durham, town of, account allowed for support of poor . . 243, 550

Dutton, Samuel, relating to 54

Duxbury, town of, account allowed for support of poor . . 243, 550

D wight, Elihu, relating to 198

Jonathan, manager of lottery, appointed 334

Josiah, relating to 295

Thomas, manager of lottery, appointed 334

Thomas, relating to 224

Dyer, James, relating to 70

Dyers river, relative to fisheries in 19

Eames, Jacob, relating to 46

East India Marine Society, Salem, incorporated .... 72

East Sudbury, town of, account allowed for support of poor . . 550

618 Index.

Page

East Sudbury, town of, fine remitted 203

Easterly Parish in town of Needham, Jonathan Kiugsbery, Jr., an-
nexed to 36

Eastern lands, committee for the sale of, authorized to alter the

contract mentioned 194

authorized to take new notes or securities for the amount of

a certain sale 439

directed relative to lauds in town of Bangor . . . .217

discharged 4:63

settlement of accounts with 219

to credit Zebina Curtis with the sum mentioned . . .231

to execute deeds to Abel Cutler and John Peck . . . 199
to give Richard Ellingwood and Daniel Livermore title to the

lands mentioned 214

to have the bounds of a certain township examined . . 221

to sell the lands mentioned 153

Easterwood, John, relating to 247

Peggy, relating to 247

Easthampton, town of, account allowed for support of poor . . 243

resolve on petition of inhabitants of 214

Eastman, Job, and others, resolve on petition of ... 213

William, account allowed 248

Eaton, Rev. Peter, trustee, appointed 264

Samuel, allowance to • .515

Eddy, Zachariah, relating to • 246

Edes, Peter, account allowed 473, 559

Edgarly, John, relating to 338

Edgartown, town of, fine remitted • 204

Edwards, John, relating to • • • 30

Robert, relating to 70

William, resolve on petition of 452

Egleston, Azariah, relating to 20

Egremont, town of, account allowed for support of poor . . 243, 550
Eighth Massachusetts Turnpike Corporation, act in addition to act

incorporating 10

Election returns, list of towns delinquent in making, to be furnished

to attorney general and solicitor general . . . .231

Elections, act in addition to acts regulating 96

Electors, presidential, relative to choice of 142

relative to filling vacancies in list of 172

Eleventh Massachusetts Turnpike Corporation, incorporated . . 294

Elkins, John, relating to 74

Ell pond, in town of Maiden, relative to passage of fish from Mystic

river to .......... 88

Ellingwood, Richard, and Daniel Livermore, resolve on petition of . 213

Elliot, Seth, allowance to 515

Gen. Simon, relating to 248

Index. 619

Page

Elliot, Gen. Simon, resolve on petition of 205

Ellis, Abner, relating to 399

Jedediah, relating to 70

John, relating to 160, 471

John, Jr., relating to 458,492

Malachi, relating to 30

Thomas, relating to . 30

Ellison, Robert, relating to 160, 471

Ellsworth, town of, assessors of, authorized to assess tax . . 545

Elwell, Robert, account allowed 248

William, relating to 245, 552

Ely, Justin, authorized to prevent strip or waste on lands in town-
ship No. 1, in first range upon the river Schodic . . 14S

Justin, manager of lottery, appointed 334

Emery, David, relating to 513, 514

Johu, resolve on petition of 141

Nicholas, relating to 345

Engines, tire, penalty for maliciously injuring 314

Ensign, Datus, relating to 12

Elisha, relating to 287

Episcopal church in town of Portland, act in addition to act incor-
porating 372

Essex county, accounts of treasurer allowed and tax granted . 183, 506
additional notary public to be chosen for . . . . 134,436
courts of common pleas and of general sessions of the peace

in, adjourned . . 534

time of holding courts of general sessions of the peace and of

common pleas in, changed 60, 320

Estates, ratable, within the Commonwealth, act for ascertaining . 82
amendment of act relative to method of inquiring into . . 441
committee to receive assessors' returns of, appointed . . 456
Estates :

Ammidon, Caleb 537

Baker, Thomas, adjutant 250

Brattle, Thomas 482, 533

Bruce, Simou 194

Burdett, Nathan 241

Burditt, Nathan 448

Cowdin, Thomas 445

Donham, Nathan 500

Fairbanks, Laban 185

Foster, Silas 171

Fox, Johu 172

Gardiner, Silvester 507

Gay, Joel 532

Gerrish, Timothy 200

Hillegas, Michael 210

Jeykell, John 239

620 Index.

Page
Estates — Concluded.

Jones, Elisha 489

Lincoln, Mark 154

Mackay, Mungo, Jr 542

Nasson, Samuel 449

Norberg (or Newbury), Elias 451

Noyes, Josiah . 187

Pepperrell, Sir William 200

Preble, Jedediah 459

Prentiss, Cephas 169

Eea, Caleb 211

Rice, Matthias 209

Russell, Thomas 437, 454

Sprague, John 251

Sumner, Increase 241, 448

Tillinghast, Robert Gibbs 144

Tisdale, James 462

Titcomb, Benjamin 502

Trowbridge, Edmund 236

Wadsworth, Hugh 465

"Warren, George 513,514

Welch, Benjamin R 453

Wells, Benjamin ' . . 437

Williams, Thomas 465

Winthrop, John 149

Estes, Orpah, relating to 548

Extradition and rendition of persons charged with crimes, relating

to 267, 581

Fails, James, account allowed 248

Fairbank, Levi, adjutant, account allowed 250

Fairbanks, Jason, relating to 516,555

Laban, relating to 185

Levi, adjutant, account allowed 556

Nancy and Samuel, empowered to execute deed of the land

mentioned 185

Fales, David, member of committee, appointed 369

James, resolve on petition of 486

Capt. James, resolve on petition of 156

Falley, Richard, relating to 12

Russell, relating to 12

Falmouth, town of, account allowed for support of poor . . . 550

certain ministerial land in, to be sold 487

Farley, Joseph, adjutant, account allowed 250, 556

Farnsworth, Isaac, and Oliver Prescott, authorized to convey the

lands mentioned 206

Index. 621

Page

Faruum, Benjamin, trustee, appointed 2(34

Faunce, Barnabas, relating to 342

Caleb, relating to 342

John, trustee, appointed 335

Thaddeus, relating to 342

Fay, Ensign David, allowance to 189

Galen H. , account allowed 473,559

Fayette, town of, part of, annexed to town of Mount Vernon . . 323
Fees of officers and others, act establishing, continued . . . 29, 81

Fellows, William, relating to 290

Ferguson, William, relating to 295

Fernald, Capt. Mark, relating to 143

Fessenden, William, resolve on petition of 134

Field, Robert, relating to 458, 493

Samuel, adjutant, account allowed 250

Seth, adjutant, account allowed 250

Fifth Massachusetts Turnpike Corporation, act in addition to act

incorporating 39, 42, 55

Finney, Clark, relating to 343

Elkanah, relating to 343

George, relating to 343

Lewis, relating to 343

Luke, and wife, relating to 159, 469

Robert, relating to 342

Fire engines, penalty for maliciously injuring 314

Fire and Marine Insurance Company, Maine, part of act incorporat-
ing, repealed 5

First Baptist Society in Brookfleld, incorporated .... 33
First Parish, in town of Gorham, trustees of the ministerial fund in,

incorporated 311

in town of Newbury, assessors of, authorized to assess taxes 216

in town of West Springfield, Timothy Horton set off from . 17
Fish, preservation of, in Crooked and Songo rivers, in counties of

York and Cumberland 29

relative to passage of, from Mystic river to Ell pond in town

of Maiden 88

Fish, alewives, act in addition to act regulating taking of, in town

of Middleborough 308

act to prevent the destruction of, in river and streams in town

of Kingston 348

preservation of, in towns of Middleborough and Rochester . 366

taking of, regulated, in town of Boothbay .... 320

taking of, regulated, in town of Vassalborough . . . 315

taking of, regulated, in town of Weymouth .... 94

Fisher, Jacob, and others, resolve on petition of ... . 208

Nathaniel, relating to 399

Fisheries, in counties of Lincoln and Cumberland, Sheepscot river

exempted from operation of laws regulating ... 19

G22 Index.

Fisheries, salmon, shad and alewife, part of act for preservation of,
in rivers, streams and waters, in counties of Lincoln and

Cumberland, repealed 258

Fishery, alewife, in brook running out of Wakepee pond, in planta-
tion of Marshpee, regulated 259

in gulf stream in towns of Scituate and Cohasset, part of act

regulating, repealed 284

in town of Bridgewater, act in addition to act regulating 90, 341

in towns of Lynn, Lynnfield and Reading, regulated . . 351

Fishery, shad and alewife, in town of Warren, regulated . . . 367

Fisk, Oliver, account allowed 253

Fitch, Jedediah, relating to 74

Fleeman, David, allowance to 462

Fleet, John, account allowed 159

John, Jr., account allowed 470

Flint, Austin, account allowed 243

Eoyal, relating to 466

Folger, Robert, relating to 74

Walter, Jr., relating to 74

William, Jr., relating to 74

Folsom, Dudley, trustee, appointed 311

John W., account allowed 560

Foi'geries of bank bills, act more effectually to prevent ... 80

Foster, Bennett, relating to 159, 244

Christian, account allowed 550

David, allowance to 150

David, relating to 550

Fletcher, relating to 71

James, allowance to ....... . 214, 506

James, Jr., allowance to 461

Moses, relating to 71

Samuel, remitted the sum mentioned 541

Silas, relating to 171

Tamma and William, 2d, empowered to execute deed of a cer-
tain pew 171

William, relating to 554

Fourteenth Massachusetts Turnpike Corporation, incorporated . 391

Fowle, Jeremiah, relating to 502

Mary, authorized to resume the name of Mary Capen . . 501

Fowler, Samuel, relating to 21

Samuel, to issue warrant 13

Simeon, account allowed 474

Fox, John, relating to 172

Sarah, and Edward Oxnard, empowered to execute deed of

the land mentioned 172

Framingham, town of, account allowed for support of poor . 159, 244

Francis, Peter, relating to 474

Index. G23

Page

Francoeur, Caroline, resolve on petition of 186

John, relating to 18G

Franklin, town of, account allowed for support of poor . . 159, 470

Franklin, John, and wife, relating to 548

Frary, Eleazer, relating to 295

John, relating to 295

Joseph, relating to 295

Joseph, Jr., relating to 295

Eraser, Thomas, relating to 454

Frayshor, Alexander, relating to 245

Frazer, Alexander, relating to 554

Free school in the North Parish in Andover, trustees of, incorpo-
rated 264

Free schools in the South Parish in Andover, trustees of, incorpo-
rated 265

Freeland, James, relating to 295

Freeman, Benjamen, relating to 70

Constant, account allowed .... 159, 243, 470, 550

Elisha, relating to 21

Sampson, relating to 163, 253, 475

Freeport, town of, fine remitted 204

Freetown, town of, account allowed for support of poor . . 243, 550

French, Eliphalet, allowance to 515

Lemuel, adjutant, account allowed 556

Frink, Dr., relating to 246

Frost, George, relating to 244, 551

Walter, relating to 371

Frye, Simon, relating to 458, 492

Fryeburgh, town of, part of plantation of Brownfield annexed to . 323

Fudger, John G. , adjutant, account allowed 556

Fugitives from justice, relative to appointment of agents for de-
manding and receiving 267

Fullar, Jedediah, relating to 245

Jedediah, and wife, relating to 160

Fuller, Abraham, adjutant, account allowed .... 250, 556

Jedediah, relating to 471,551

Joshua, relating to 460, 472, 554

Polly, relating to 460

Gabriel, Thomas, relating to ...
Gage, Samuel, allowance to ... .

Gail, John, allowance to

Galusha, Rachel, relating to ....
Ganuet, Barzillai, aide de camp, account allowed
Gannett, Barzillai, brigade major, account allowed

. 469
. 515
. 515
161, 472
555
. 249

624 Index.

Page

Gannett, Caleb, relating to 534

Caleb, and John Mellen, resolve on petition of 482

Gaolers, committee on accounts to examine accounts of . . . 201

Gardiner, Silvester, relating to 507

Gardner, Amaziah, relating to 74

Col., relating to 162

Grafton, relating to 74

John, account allowed 252, 473

Latham, relating to ,74

Micajah, relatiug to 74

Rebeckah, relating to 243

Robert, account allowed 249

Robert Hallowell, Robert Hallowell authorized to take the

name of 385

Thomas, relating to 551

Garland, John, relating to 338

Samuel, relating to 345

Gay, Abigail, and Jesse Doggett, authorized to execute deed of the

land mentioned 532

Joel, relating to 532

Seth, relating to 54

Timothy, Jr., relating to 373

Gaylord, Ira, and others, set ofl" from town of Washington and an-
nexed to town of Lenox 318

Gelston, Roland, relating to 74

General court, members of, pay established . 143, 1C9, 193, 437, 488
George, George, relating to ....... 245, 552

Georgetown, town of, account allowed for support of poor . 244, 551

Gerrish, Joanna, resolve on petition of 200

Timothy, relating to 200

Geyer, George, account allowed 560

Gibbons, Eli, relating to 295

Gibbs, Abner, relating to 295

Ephraim, relating to 295

Isaac, relating to 295

Samuel C, relating to 295

Gibson, Larnond, relating to 242, 548

Gilbert, Prudy, relating to 549

Gill, town of, account allowed for support of poor . 1G0, 244, 470, 551

Gill, Elijah, relating to 378

Gillet, Eliphalet, relatiug to 54

Gillit, Thomas, relating to 294

Gilman, Andrew, relating to 345

Josiah, account allowed 160, 252, 470

Gilmore, James, allowance to 515

Gimbee, Caesar and Moses, Indians, resolve on petition of . . 183
Gimbie, Hannah, and Lucy Hector, Indians, resolve on petition of . 190
Glezen, Amasa, relating to 21

Index.

625

Page
Gloucester, town of, account allowed for support of poor 160, 244, 470, 551
Gloucester bank, act in addition to act incorporating president,

directors and company of 18

Goddard, Benjamin, and others, set off from town of Charlestown

and annexed to town of Cambridge 371

Nathaniel, and others, set off from town of Charlestown and

annexed to town of Cambridge 371

Rufus, relating to 343

Stephen, and others, set off from town of Charlestown and

annexed to town of Cambridge 371

Goldthwait, Stephen, and others, set off from town of Sutton and

annexed to town of Northbridge 48

Goodale, Nathaniel, and others, set off from town of Belchertown

and annexed to Second Parish in town of Amherst . . 19

Goodell, Josiah, relating to 33

Goodhue, Beujamin, account allowed 474

Benjamin, agent, appointed 214

Goodman, Noah, treasurer to discharge the balance due from . . 239

Goodrich, Butlar, account allowed 162

Joseph, relating to 287

Goodridge, Oliver, relating to 447

Goodwin, Edward, adjutant, account allowed 556

Francis L., account allowed 251

Francis L. B., account allowed 474

Francis LeBaron, relating to 235

Gen., relating to 162

Ichabod, account allowed 252, 558

Joseph, relating to 21

Nathaniel, account allowed 251

Thomas, adjutant, account allowed 250

Timothy, accouut allowed 560

Goold, William, relating to 12

Gordon, , relating to 535

Gore, Samuel, account allowed 162, 560

Gorham, town of, account allowed for support of poor . . . 550
compauy of light infantry to be established in 227
trustees of the ministerial fund in the First Parish in, incor-
porated 311

Gorham, Nathaniel, relating to '. 185

Stephen, relating to 67

William, to call meeting 312

Goshen, town of, account allowed for support of poor . . 244, 551

Goshen, plantation of, incorporated as town of Vienna . . . 325

part of, annexed to town of Mount Vernon .... 323

Goss, James, account allowed 472, 551

Gould, Isaac, relating to 399

Solomon, account allowed 558

William, adjutant, account allowed 250, 556

626 Index.

Page

Gouldsborough, town of, account allowed for support of poor . 551

tax abated 239

Governor, address of the house of representatives in reply to speech

of, at opening of May session, 1800 137

address of the house of representatives in reply to speech of,

at opening of November session, 1800 .... 168

address of the house of representatives in reply to speech of,

at opening of January session, 1800 179

address of the house of representatives in reply to speech of,

at opening of May session, 1801 441

address of the house of representatives in reply to speech of,

at opening of January session, 1801 478

address of the senate in reply to speech of, at opening of May

session, 1800 134

address of the senate in reply to speech of, at opening of

November session, 1800 167

address of the senate in reply to speech of, at opening of Jan-
uary session, 1800 178

address of the senate in reply to speech of, at opening of Jan-
uary session, 1801 477

address of the senate in reply to speech of, at opening of May

session, 1801 439

authorized to establish a company of artillery in fourth divi-
sion of militia 452

authorized to establish a company of light infantry in town of

Gorham 227

authorized to establish two companies of cavalry in second

division of militia 228

authorized to form the cavalry in the first and second brigades,

first division of militia, into two squadrons . . . 205

authorized to offer reward, in certain cases, for apprehending

persons escaping from prisons 380

authorized to raise a company of artillery in fifth division of

militia 604

authorized to raise a company of artillery in fourth division

of militia 156

authorized to raise a company of cavalry in eighth division of

militia 197

authorized to raise a company of artillery in seventh division

of militia 208

authorized to raise a company of light infantry in second divi-
sion of militia 192

authorized to raise a company of light infantry in town of

Beverly 192

authorized to raise a company of light infantry in town of

Bradford 235

authorized to raise a company of light infantry in town of

Taunton 227

Index. G27

Governor, message of, relative to boundary line between Massachu-
setts and Rhode Island 580

message of, relative to death of lieutenant governor . . 586
message of, relative to education of Levi Koukapot, Indian 574, 580
message of, relative to extradition and rendition of persons

charged with crimes 581

message of, relative to the militia 580

message of, relative to Passamaquoddy Indians . . . 586
message of, relative to proposed amendment to constitution

of the United States 574, 585

message of, relative to resignation of Samuel Lyman . . 569
message of, transmitting letter from certain officers of the

militia 587

message of, transmitting statement of treasurer .. . .581
requested to act in matter of the boundary line between the

Commonwealth and New Brunswick 543

requested to examine into state of hospital at Martha's Vine-
yard 165

requested to further provide for the support and education of

Levi Konkapot, Indian 203

requested to issue proclamation offering reward for appre-
hension of certain notorious offenders in county of Han-
cock 175

requested to sell certain useless military property . . . 198
requested to transmit certificate of choice of presidential

electors 142

speech of, at opening of May session, 1800 .... 565
speech of, at opening of November session, 1800 . . . 569
speech of, at opening of January session, 1800 . . . 570
speech of, at opening of May session, 1801 .... 577
speech of, at opening of January session, 1801 . . . 581
Grafton Indians, trustees of, empowered to sell the land mentioned 183, 190

Graham, Isaac, relating to 550

Rachel, relating to 470

Granby, town of, account allowed for support of poor . 244,470,551

Granger, Simeon, relatiug to 495

Grant, Andrew, and others, resolve on petition of ... . 194

Joseph, relating to 246, 553

Granville, town of, account allowed for support of poor . . . 244
Gravel, sand and stones, transportation of, in boats and lighters,

regulated 99

Gray, Edward, authorized to sell the land mentioned . . . 444

John, relating to 160, 552

John, trustee, appointed 335

Rachel, relating to 159

William, Jr. , relating to 355

Great Barrington, town of, account allowed for support of poor

159, 244, 470, 550

628 Index.

Page

Greely, Phillip, allowance to 515

Green, Francis, account allowed 559

Peter, relating to 226

Samuel, relating to 160, 246, 471

William, relating to 549

Greene, town of, resolve on petition of inhabitants of 223

Greene, Isaiah L., relating to 458, 493

Richard, relating to 30

Greenfield, town of, account allowed for support of poor 160, 244, 470, 551
Greenleaf, John, member of committee, appointed .... 76
Greenville, town of, account allowed for support of poor . . . 550
Greenwich, town of, part of, incorporated into town of Dana . . 58

Gregory, Isaac, relating to * 458,493

John, relating to 21

Groton, town of, account allowed for support of poor . 159, 244, 551

Grovely, Caty, relating to 245, 552

Guardians of Dudley Indians, account allowed 560

accounts of, to be laid before committee on accounts . . 447

grant to 150.

Guildford, William, relating to 33

Gullahul, Dennis, relating to 244, 551

Gun powder, relative to storing and safe keeping of, in town of

Boston 292

Hadley, town of, account allowed for support of poor . . 244, 551

Hager, Billy, authorized to take the name of William Hager . . 90

William, relating to ......... 90

Halcomb, Michael, relating to 287

Hale, Thomas, allowance to 164, 232, 464, 545

Thomas, relating to 458, 492

Thomas, to issue warrant 34

Hall, Mehitable, relating to 242, 548

Nathaniel, relating to 458, 492

Orpah, relating to 552

Silas, relating to 439

Silas, and others, resolve on petition of 194

Winslow, relating to 439

Halladay, Josiah, relating to 12

Hallowell, town of, account allowed for support of poor . 160, 244, 551
boundary line between the parish in, and the South Parish in

Augusta, altered 272

Hallowell, Robert, authorized to take the name of Robert Hallowell

Gardiner 385

Robert, and Oliver Whipple, authorized to execute deed of the

land mentioned 507

Hambary, Nicholas, relating to 244

Index.

G29

Hamilton, town of, fine remitted 203

Hamilton, Benjamin, relating to 33

John, relating to 295

Solomon, allowance to 515

Hammond, Benjamen, 2d, relating to 30

Benjamen, 4th, relating to 30

Nathaniel, relating to 30

Seth, relating to 30

Silvanus, relating to 30

Stafford, relating to 30

William, relating to 301

Hampden, town of, certain inhabitants of, allowed further time to

pay for lands 194

Hampshire count}', accounts of treasurer allowed and tax granted 201, 494
time of holding courts of general sessions of the peace and of

common pleas in, changed 20, 93

Hampshire and Berkshire counties, time of holding supreme judi-
cial court in, changed 257

Hancock county, additional notary public to be chosen for . 436, 437
governor requested to issue proclamation offering reward for

apprehension of certain notorious offenders in . . . 175
Hancock and Lincoln counties, doings of coroners in, made valid . 35

Hancock, Partrick, relating to 247, 554

Haney, Samuel, relating to 246, 553

Sarah, relating to 553

Hanover, town of, fine remitted 204

Harcourt, John, relating to 247, 554

Harding, David, trustee, appointed 311

David, and others, resolve on petition of .... 227

Joshua, relating to 70

Ralph, relating to 70

Hardman, Thomas, relating to 160

Hardwick, town of, account allowed for support of poor . . 244, 551

part of, incorporated into town of Dana 58

Hardy, Levi H., authorized to take the name of Samuel Hardy
Harlem, town of, boundary line between town of Vassalborongh and,

established

Harlow, Amaziah, relating to

Jesse, Jr., relating to

385

55
342
342

Lot, relating to 342

Nathaniel, relating to 342

Seth, relating to . 342

Seth, Jr., relating to 342

183

1G0

Harrington, Amos, relating to

Isaac, and Benj. Heywood, trustees of Grafton Indians, em-
powered to sell the land mentioned

John, relating to

Loammi, relating to

630 Index.

Page

Harrington, Nathan, account allowed 248

Reuben, relating to 33

Rufus, relating to 33

Harris, Hannah, relating to 553

Josiah, brigade major, account allowed 555

William, allowance to 153, 214, 506

Hart, John, relating to 160

Hartshorn, John, allowance to 515

Oliver, account allowed . . . 163, 244, 253, 470, 475, 551, 559

Harvey, John, allowance to 515

Rufus, relating to 303

Haskell, Abraham, empowered to convey the real estate mentioned . 226

Jacob, adjutant, account allowed 250

Haskins, John, relating to 242

Hastings, Jonathan, account allowed .... 162, 251, 474, 560
Jonathan, resolve on petition of ..... . 208

Hatch, Amos, relating to 273

Israel, relating to 373

Stevens, relating to 33

Hathaway, Shadrach, relating to 33

Hauff, Johan C, resolve on petition of 451

Havelin, Richard, relating to 247

Haven, Samuel, trustee, appointed 56

Haverhill, Bradford and Methuen, towns of, company of cavalry to

be established in 228

Hawes, Stephen, relating to 241

William, and Lemuel Cox, resolve on petition of . . . 216

Hawks, Jared, relating to 392

Hawley, town of , account allowed for support of poor . . 244,551

Hayes, Luther, relating to 303

Hayman, Edward P., assistant clerk of the senate, allowance to . 544
Edward P., clerk of the senate, allowance to . . 166, 172, 238

Hayse, Eli, relating to 12

Joseph, relating to 12

Seth, relating to 12

Hay ward, Beza, relating to 458, 492

Joseph, and others, discharged from recognizance . . . 143

Lemuel, relating to 438

Nathan, account allowed 249

Hazard, Mary, relating to 554

Heald, Joseph, relating to 458, 492

Health, board of, account allowed for support of poor . . . 469
act in addition to act empowering town of Salem to choose . 27
for town of Boston, resolve on memorial of ... 240

town of Marblehead empowered to choose .... 325

Healy, Jedecliah, account allowed 248

Heard, Ebenezer, and John Scates, resolve on petition of . . 193

Nathan, account allowed 163, 253, 474, 559

Index. 631

Page

Heare, Francis, relating to 287

Hearey, Elijah, relating to 33

Heath, Ebenezer, adjutant, account allowed .... 250, 557

John, relating to 71

Hector, Lucy, and Hannah Girabie, Indians, resolve on petition of . 190

Hemert, Vn., & Co., relating to 453

Henderson, William, relating to 246, 553

Herrick, Jonathan, relating to 12

Stephen, relating to 12

Hewes, Thomas, and John Cushing, resolve on petition of . . 461
Heywood, Benj , and Isaac Harrington, trustees of Grafton Indians,

empowered to sell the land mentioned .... 183

Hickcock, Jeremiah, relating to 287

Hide, Nony, relating to 552

Norry, relating to 245

Hickcox, Asher, account allowed 558

Higgins, Dinah, relating to . 551

Henry, relating to 30

Hight, William, adjutant, account allowed 557

Hikok, Jeremiah, relating to 287

Hilchard, James, relating to 243

Hill, Aaron, relating to 458, 492

Clark, relating to 33

Mark L., relating to 317, 458, 493

Thomas, adjutant, account allowed 557

Hillegas, Michael, relating to 210

Hinckley, William, brigade major, account allowed .... 555

Hinkley, William, brigade major, account allowed .... 249

Hires, John Julius, relating to 550

Hitchard, James, relating to 550

Hoar, Samuel, relating to 458, 492

Hobbs, James, relating to 345

Samuel, relating to 345

Hodgdou, Israel, relating to 345

Jonathan, allowance to 515

Hodge, Michael, member of committee, appointed .... 76

Hodges, Benjamin, relating to 72

Benjamin, and others, to call meeting 73

Hodgkins, Joseph, account allowed .... 160, 244, 470, 551

Holbrook, Isaiah D., relating to 33

John, relating to 70

Holcomb, Capt. Micael, relating to 287

Holden, town of, fine remitted 204

Holden, Nathan, and others, treasurer to stay execution against . 195

Holland, town of, fine remitted 204

Holland, Park, account allowed 547

Park, agent, appointed 235

Park, authorized to quiet certain settlers 485

632

Index.

in lots

Page
177, 198
160, 244, 551
. 203
164, 232
239

Holland, Park, relating to

Holliston, town of, account allowed for support of poor

fine remitted
Holman, Silas, allowance to

Silas, agent, appointed
Holmes, Chandler, relating to

David, allowance to .

David, relating to

David, Jr., relating to

Elnathan, Jr., relating to

George, relating to .

Gilbert, relating to

Jedediah, trustee, appointed

Jedediah, Jr., trustee, appointed

John, relating to

Joseph, relating to

Nathan, relating to

Samuel, Jr., relating to

William, Jr. , relating to .
Holt, island of, to be laid out and surveyed
Holt, Joshua, account allowed .

Joshua, relating to . .

Capt. Zebediah, trustee, appointed
Holyoke, Edward Augustus, relating to
Homans, John Stephen, relating to
Homes, George, relating to .
Hooker, Abisha, relating to .

John, commissioner, appointed

Oliver, relating to
Hoose, Catharine, relating to

Isaac, relating to

Mary, relating to
Hopkins, George, allowance to .

Timothy, adjutant, account allowed
Hopkinson, Stephen, relating to .
Hopkinton, town of, account allowed for support of
Hornbrook, John, relating to
Horton, Timothy, set off from First and annexed to

in town of West Springfield
Hosford, Sarah, relating to .
Hosmer, Cyrus, adjutant, account allowed

Joseph, account allowed .
Hospital, at Martha's Vineyard, relative to

at Rainsford island, grant for making improvements on

Hoston, Daniel, account allowed

House of representatives, address of, in reply to governor's speech

137, 168, 179, 441, 478
How, John, relating to 245

343
515
342
342
342
245
342
335
335
30, 399
343, 373, 377
342
342
342
484
62, 252, 474
581
266
355
550
552
71
186
70
159, 244, 470, 550
159, 244, 470, 550
159, 244, 470, 550
. 515
250, 557
. 338
244, 551
. 549
Second Parish

17
246, 553
161, 250
163, 252
165
. 240
252

poor

Index. 633

Page

How, Joseph, account allowed 251

Howard, Abner, relating to 30

Caleb, adjutant, account allowed .... 161,250,557
Samuel, brigade major, account allowed .... 249, 555

William, relating to 30, 53

William, to call meeting 55

Howe, David, resolve on petition of 455

Estes, resolve on petition of 533

John, relating to 551,554

John, & Sons, account allowed 660

Jonah, trustee, appointed 56

Nathan, trustee, appointed 56

Sophia, relating to 554

Sylvanus, relating to 533

Howes, John, relating to ........ . 472

Howland, Isaac, relating to 343

Jacob, relating to 342

Hoyt, Epaphrus, adjutant, account allowed 557

Ephraim. adjutant, account allowed 161

Moses, relating to 343

Nathan, member of committee, appointed .... 76
Hubbard, Thomas, and others, set off from town of Washington and

annexed to town of Lenox 318

Titus, relating to 303

Hubbardston, town of, fine remitted 204

Hudson, Henry, relating to 76

Humble, Major, relating to 553

Mason, relating to 246

Hunabry, Nicholas, relating to 551

Huney, Sarah, relating to 246

Hunt, John, relating to 245, 552

Joseph, account allowed 559

William, account allowed 249

William, aide de camp, account allowed 555

Hunter, David, allowance to 515

Isaac, relating to 21

John, relating to 21

Hurd, Benjamin, relating to 554

Hurlburt, Christopher, adjutant, account allowed . . . 161, 556

Hurlbut, John W., relating to 287

Hussey, Mehitable, relating to 550

Hutchins, Moses, relating to 552

Hyde, Caleb, relating to 21

Caleb, remitted the sum mentioned 541

634

Index.

Page

Ilsley, Daniel, relating to 491

Stephen, account allowed 471

Indians, Dudley, account of guardians of, allowed .... 560
Dudley, accounts of guardians of, to be laid before committee

on accounts 447

Dudley, grant to guardians of 150

Grafton, trustees of, empowered to sell the lands mentioned 183, 190

Grafton, grant to Society for Propagating the Gospel among 541

Marshpee, overseers of, account allowed 245

Passamaquoddy, agent for, appointed 511

Passmaquoddy, certain lands appropriated to the use of . 212

Passamaquoddy, relative to trespasses on lands of . . . 586

Infantry, light, company of, to be established in town of Gorham . 227

to be raised in second division of militia 192

to be raised in town of Beverly 192

to be raised in town of Bradford 235

to be raised in town of Taunton 227

Ingols, James, relating to 242

Ingorsal, John, account allowed 248

Insurance Company, Maine Fire and Marine, part of act incorporat-
ing, repealed 5

Salem Marine, incorporated 5

Ipswich, town of, account allowed for support of poor . . 244. 551

Island of Holt, to be laid out and surveyed in lots .... 484

Ives, Thomas, relating to 458, 493

Jackson, Henry, relating to 466

Samuel, allowance to 515

Timothy, allowance to 464, 545

William, adjutant, account allowed 161

William, brigade major, account allowed . . . 249, 472, 555
Jailers, committee on accounts to examine accounts of . 201

James, Elisha, relating to 273

Jane, Hannah, relating to 242

Jarvis, Leonard, relating to 219, 466

Jefferd, William, brigade major, account allowed .... 249
Jemmerson, Matthew, relating to ... 159, 243, 470, 549

Jenkins, Capt. Benjamin, trustee, appointed ....

Jenks, Daniel, relating to

David, relating to

Lawrence, relating to

Nicholas, relating to

Oliver, relating to

266
33
33
33
33
33

Index. 635

Page

Jenks, Thomas, relating to 33

Jeykell, John, relating to 239

Johnson, Enoch, relating to 303

John, relating to 243, 550

Jonathan, allowance to 544

Nathaniel, relating to 399

Phillip, relating to 242

Seth, treasurer to issue note to 500

William, and wife, relating to 161,247,471

Johnston, Daniel, allowance to 515

Johonnot, Oliver, account allowed 249, 558

Jones, Adonijah, relating to 21

Bethuel, relating to 295

Daniel, and others, set off from town of Washington and an-
nexed to town of Lenox 318

David, relating to 294

Elisha, relating to 489

Israel, allowance to 155

Israel, authorized to convey the laud mentioned . . • 489

John Coffin, member of committee, appointed .... 142

John Coffin, and Thomas Dawes, account allowed . . 252

Joseph, allowance to 512

Matilda, relating to 550

Mr., relating to 491

Samuel P., relating to 246

Stephen, judge of probate for county of Washington, to be

given compensation for services 202

Jourden, Catharine, relating to 246

Judge of probate for county of Washington, to be given compensa-
tion for services 202

Judicial department, act in addition to act making further provision for 92

Jurors, relative to choice and service of, in county of Suffolk . . 50
Justices of the court of general sessions of the peace for county of

Worcester, resolve on petition of 186

Justices of the peace, preservation and authentication of records of,

regulated 401

Justices of the supreme judicial court, additional allowance to 209, 507

Kearswell, Sarah, relating to 161, 248, 472, 555

William, relating to 161, 248, 472, 555

Keith, Cyrus, adjutant, account allowed .... 250, 473, 557

Kelley, Clarissa, relating to 548

John, relating to 471

Kellog, Elijah, and others, resolve on petition of ... 220

Kellogg, Ephraim, relating to 287

John, account allowed • 558

636 Index.

Kellogg, Joseph, adjutant, account allowed .... 161,473

Josiah, relating to 287

Kelly, Clarisa, relating to 247

Kemp, William, relating to 392

Kempton, Deborah, relating to 343

Joanna, relating to 343

Nathaniel , relating to 343

Oliver, relating to 342

Zacheus, relating to 342

Kendall, Jonas, relating to 458, 493

Mr., member of committee, appointed 538

Peter, relating to 33

Lt. Col. William, relating to 555

Kennebeck Agricultural Society, incorporated 53

Kennebeck county, accounts of treasurer allowed and tax granted 454, 496

time of holding courts in, changed 52

Kennebeck purchase, resolve on petition of proprietors of . . 497

Kennedy, Dennis, relating to 159, 243, 470, 549

John, relating to 159, 242, 548

Kenny, Jacob, relating to 30

Kent, Lucy, relating to 161,247,472

Kettell, James, relating to 76

Kidder, John, account allowed 248

Kiley, John, relating to 245

Kim, Cato, relating to 159, 242

Kimball, Solomon, relating to 484

Thomas, relating to 253, 474

Kimpton, Charles, relating to 484

King, Joseph, relating to . . 247, 554

Kingman, Seth, relating to 535

Simeon, adjutant, account allowed 557

William, relating to 535

Kingsbery, Jonathan, Jr., set off from Westerly Precinct and an-
nexed to Easterly Parish in town of Needham ... 36

Kingsbury, Samuel, relating to 33

Kingston, town of, account allowed for support of poor . . 244, 551
act to prevent the destruction of alewives in river and

streams in 348

fine remitted 204

trustees of fund for support of a Congregational minister in,

incorporated 335

Kinn, Cato, relating to 469, 549

Kinne, Isaac, relating to 33

Jeremiah, relating to 33

Kinsley, Martin, relating to 458, 493

Kitteredge, John, account allowed 244

Kitteridge, Thomas, relating to 244

Dr. Thomas, trustee, appointed 264

Index.

637

Kittredge, Jolin, account allowed

Thomas, relating to .
Knapp, Abijah, relating to .
Kneeland, Isaac, and others, resolve on petition
Knowlton, Stephen, allowance to

Thomas, trustee, appointed

Capt. Thomas, allowance to
Knox, Henry, trustee, appointed .

Nathan, relating to

Samuel, relating to .
Konkapot, John, Indian, relating to

Levi, Indian, further provision
tion of .

Levi, Indian, relating to .
Koppin, Samuel, relating to
Kuhu, Jacob, account allowed

Jacob, alloAvance to .

Jacob, grant to .

made for

support and educa

Page
471
551
303
495
515

56
515

61
295
295
203

203
162, 252, 474, 574, 581

552
!, 474
t, 537
t,493

162,
164, 464,
165, 170, 464,

Lace, Mary, relating to 246, 553

Lackey, Abraham, relating to 33

Jonathan, relating to 33

Lamb, Jairus, relating to 33

Lampheer, Meriam, account allowed for support of poor . . . 551

Lamphire, Marriam, relating to 244

Lancaster, town of, account allowed for support of poor . . . 552
Lancy, Samuel, and others, discharged from recognizance . . 143
Lands, eastern, committee for the sale of, authorized to alter the
contract mentioned ....

authorized to take new notes or securities for the amount of
a certain sale ......

directed relative to lands in town of Bangor .

discharged

settlement of accounts with ....

to credit Zebina Curtis with the sum mentioned

to execute deeds to Abel Cutler and John Peck

to give Richard Ellingwood and Daniel Livermore title to the
lands mentioned

to have the bounds of a certain township examined

to sell the lands mentioned
Lands, on Penobscot river, relative to sale of

to be granted to certain soldiers
Lane, Isaac, adjutant, account allowed

John, relating to

Col. Jonas, relating to ... .

Margaret, relating to ....

194

439
217
463
219
231
199

214
221
153
148
217
557
454
248
550

638 Index.

Lanesborough, town of, account allowed for support of poor . . 552

Lang, Dr., relating to 549

Lapbam, Sylvauus, account allowed .... 162, 252, 474, 560

Lapish, Robert, relating to 301

Lard, hogs, relative to inspection of 37, 71

Larkum, Paul, and others, resolve on petition of ... 495

Lamed, Simon, account allowed 473, 474

Simon, agent, appointed 214

Laughton, Joseph, allowance to 153, 214, 506

Lawley, John, relating to 550

Laws, statute, of the Commonwealth, directions to committee for

the publication of 229

relative to distribution of 230

Laws of the United States, secretary of the Commonwealth directed

to distribute 196

Lazell, Lt. Col. Sylvanus, relating to 555

Leach, Lemuel, relating to 343

Learned, Simon, account allowed 163, 252

Leavitt, Hart, relating to 391

Jonathan, relating to 391

Thomas, relating to 345

Lebanon, town of, act in addition to act concerning proprietors of . 45

flue remitted 204

Lee, town of, fine remitted 448

to be credited the sum mentioned 487

Lee, Elisha, relating to 287

Leeds, town of, incorporated 47

part of town of Livermore annexed to 314

Legg, Gershom, relating to . . . 460

Legislature, address of, to president of the United States . . 210

Leicester, town of, account allowed for support of poor . . . 160

fine remitted 204

Leigh, Benjamin, adjutant, account allowed 161

Leigh ton, Elizabeth, allowance to 170

Leland, Ebenezer, relating to 484

Lenox, town of, account allowed for support of poor . 160,245,551
certain inhabitants of town of Washington annexed to . . 318

Leominster, town of, fine remitted 204

Leonard, Nathaniel Warren, relating to 342

Oliver, relating to 458, 493

Oliver, resolve on petition of . . . . . . . 148

Lester, Francis, relating to 471, 553

Lewis, Benjamin, relating to 399

Eldad, relating to 20

James, account allowed 248

James, relating to 160, 244, 551

Joshua, relating to 159

Lothrop, relating to 458, 493

Index. 639

Page

Lewis, Mary, relating to 159

Thomas, relating to 159

William, relating to 551

Lewiston, town of, resolve on petition of inhabitants of . . . 223

Leyden, town of, account allowed for support of poor ICO, 245, 471, 551

Libbey, Nathaniel, adjutant, account allowed 557

Lieutenant governor, message of governor relative to death of . 586

pay established 446

relative to funeral of 489

Light house, on Cape Poge, tract of land ceded to United States for 91

on Clark's point, land ceded to United States for ... 26

on Wigwam point, land ceded to United States for . . 15

Light infantry, company of, to be established in town of Gorham . 227

to be raised in second division of militia 192

to be raised in town of Beverly 192

to be raised in town of Bradford 235

to be raised in town of Taunton 227

Lighters and boats, transportation of stones, gravel or sand in, regu-
lated 99

Lincoln academy, established 61

Lincoln county, accounts of treasurer allowed and tax granted 204, 505
time and place of holding courts of general sessions of the

peace and of common pleas in, determined ... 49
Lincoln and Cumberland counties, part of act for preservation of
salmon, shad and alewife, fisheries in rivers, streams and

waters in, repealed 258

Sheepscot river exempted from operation of laws regulating

fisheries in 19

Lincoln and Hancock counties, doings of coroners in, made valid . 35

Lincoln, town of, account allowed for support of poor . . 245, 552

fine remitted 203

Lincoln, Amos, account allowed 162, 560

Benjamin, adjutant, account allowed 557

Levi, relating to 224

Mark, relating to 154

Theodore, agent for the Passamaquoddy Indians, appointed . 511

Thomas, authorized to execute deed of the land mentioned . 154

Wheeler &, account allowed 251

Lindsey, Moses, relating to 12

Lion, Samuel B., account allowed 248

Lisbon, town of, name of town of Thomsonborough changed to . 321

Litch, John, relating to 445

Lithgow, Ann, relating to 232

Arthur, account allowed 252, 473

James, authorized to convey the land mentioned . . . 232

Little, George, relating to 273

Josiah, and others, resolve on petition of .... 223

Nathaniel W., relating to 295

640 Index.

Page

Little River, plantation of, resolve on petition of inhabitants of . 223

Littleborough, plantation of, resolve on petition of inhabitants of . 223

Littleborough, town of, incorporated as town of Leeds ... 47

Little's Gore and Pejepscot claim, incorporated as town of Pejepscot 365

Littleton, town of, tine remitted 483

Livermore, town of, part of, set oft' to town of Leeds . . .314

Livermore, Daniel, and Richard Ellingwood, resolve on petition of 213
Locks and canals on Connecticut river, lottery granted for benefit

of proprietors of 334

resolve on petition of proprietors of 214

Logs, masts, spars and other timber, act in addition to act to secure

to owners their property in 260

Lolley, John, relating to 246

Long wharf or Boston pier, in town of Boston, proprietors em-
powered to execute deed of land mentioned . . . 438

Longfellow, Nathan, relating to 447

Stephen, trustee, appointed 311

Stephen, Jr., relating to 447

Longmeadow, town of, fine remitted 488

Loomis, Pliny, and others, set off from town of Westfleld and an-
nexed to town of West Springfield 347

Lord, George, relating to 345

Loring, B. & J, account allowed 560

James, relating to ......... 78

Manning &, allowance to 176

Manning &, relating to 230

Susannah, relating to 444

Lotteries, act for suppression of 68

Lottery for benefit of proprietors of the locks and canals on Connec-
ticut river, granted 334

Love, William, relating to 70

Lovejoy, Nathaniel, to call meeting 265

Nathaniel, trustee, appointed 264

Loveland, Isaac, and others, resolve on petition of . . . . 495

Lovell, town of, incorporated 43

Lovett, Jona. H., resolve on petition of 192

Joseph, relating to 30

Lovewell, Thomas, relating to 12

Lowell, John, authorized to convey the real estate mentioned . . 454

Lucas, Ansel, relating to 342

Bela, relating to 342

Benjamin, relating to 342

Luce, Ezekiel, empowered to make sale of the land mentioned . . 174

Ezekiel, relatiug to 511

Ludden, Lemuel, account allowed 560

Lunenburg, town of, account allowed for support of poor . 245, 471

Luut, Stephen, relating to 447

Lurvey, William, account allowed 162

Index.

641

Lyman, David, relating to

Giles, adjutant, account allowed

Joseph, Jr., manager of lottery, appointed

Samuel, relating to

William, relating to

Lynch, George, relating to

Lynn, town of, alewife fishery in, regulated

Lynnfleld, town of, alewife fishery in, regulated

Lyon, Samuel B., account allowed

Samuel B., resolve on petition of

Page
295
473
334
185, 569
244
552
351
351
558
145

Mackay, Mungo, Jr., relating to

Macmullen, John, relating to

Macumber, Elijah, relating to

Maine Fire and Marine Insurance Company, part of act incorporat-
ing, repealed

Maiden, town of, relative to passage of fish from Mystic river to Ell
pond in

Mallory, Daniel, relating to

Jonah, relating to

Maltby, Isaac, adjutant, account allowed

Isaac, relating to

Manchester, town of, account allowed for support of poor . 245,

Mange, Peter, relating to 160, 244, 470,

Mann, Herman, account allowed 163, 253,

249,
245,
245,

176,

Jacob, brigade major, account allowed

James, account allowed

Manning, Thomas, account allowed ....

"William, relating to .

& Loring, allowance to

Mansfield, town of, fine remitted ....

Manter, William, relating to

Mantor, Francis, account allowed ....

Manufacture and sale of bread, regulated .

Maps of the Commonwealth, copyright and plates of, granted to the

Academy of Arts and Sciences and the Massachusetts

Historical Society

distribution of 230,

relative to publication of 152,

Marblehead, town of, account allowed for support of poor 160, 245,

empowered to choose a board of health

March, Angier, account allowed

Marcy, Jedediah, relating to

John, relating to

Moses, relating to . •

542
245
342

12
12
557
177
552
551
559
555
552
559
78
230
204
343
245
100

467

536

228

552

325

163

642 Index.

Page

Marcy, Theodore, relating to 71

Marean, William, and others, treasurer to stay execution against . 195
Marine Insurance Company, Salem, incorporated .... 5
Marine and Fire Insurance Company, Maine, part of act incorporat-
ing, repealed 5

Marine Society, Salem East India, incorporated .... 72

Marlborough, town of, account allowed for support of poor . 245, 552

Marsh, Aaron, relating to 458, 493

Duty, relating to 70

Israel, relating to 70

John, relating to 70

Thomas, relating to 343

Marshfield, town of, account allowed for support of poor . . 552
proprietors of bridge over North river between town of Scit-

uate and, incorporated 273

Marshpee, plantation of, account allowed for support of poor . . 552
alewife fishery in brook running out of Wakepee pond in,

regulated 259

Marshpee Indians, overseers of, account allowed .... 245

Marston, Simon, relating to 345

Martendale, Edward, relating to 21

Martha's Vineyard, relative to hospital at 165

Martin, James, relating to 483

Widow, relating to 535

William, and others, resolve on petition of ... . 220

Marvin, Ezra, relating to 294

Mason, Abel, relating to 70

Abel, Jr., relating to 71

Jacob, relating to 71

John, relating to 70

Jonathan, relating to 70

Lemuel, relating to 70

Moses, relating to 70

Massachusetts, act for ascertaining the ratable estates in . . . 82
additional commissioner on the boundary line between Rhode

Island and, to be appointed 459

amendment of act relative to method of inquiring into the

ratable estates within • . 441

commissioners appointed to ascertain the boundary line be-
tween Rhode Island and 221

commissioners to ascertain boundary line between Connecticut

and, vested with necessary powers 185

Society 467

directions to committee for the publication of statute laws of 229
grant to commissioners for ascertaining boundary lines be-
tween Connecticut and Rhode* Island and . . . . 452

Index.

043

Page

. 580

. 542

230, 536

230

152, 228

addition to act

39, 42, 55

68, 340

294

287

303

391

11,

Massachusetts, message of governor relative to boundary line be-
tween Rhode Island and

relative to boundary liue between New Brunswick and

relative to distribution of maps of .

relative to distribution of statute laws of

relative to publication of maps of
Massachusetts Turnpike Corporation, Fifth, act in
incorporating

Sixth, act in addition to act incorporating

Eighth, act in addition to act incorporating

Ninth, act in addition to act incorporating

Tenth, incorporated .

Eleventh, incorporated

Twelfth, incorporated

Thirteenth, incorporated

Fourteenth, incorporated

Massachusetts Historical Society and the Academy of Arts and

Sciences, copyright and plates of the maps of the Com

monwealth granted to

Masts, logs, spars and other timber, act in addition to act to secure

to owners their property in

Mattoon, Ebenezer, account allowed 163,

Maxey, Benjamin, relating to
Maxfield, William, relating to
Maxham, Nathan, relating to
May, Nehemiah, account allowed
Maynard, Jonathan, relating to ,
McCarthy, Mary, relating to
McCarty, Mary, relating to .
McCleave, Thomas Varney, relating to
McClenning, John, relating to
McClenny, John, relating to
McCluer, Nicholas, relating to

Nicholas, Jr., relating to .
McClure, Thomas, trustee, appointed
McCobb, Col. Denny, relating to .

"William, trustee, appointed
McComb, Jane, relating to .
McConoughey, David, relating to

David, Jr., relating to
McCoy, Nancy, relating to .
McDaniels, James, relating to
McFarland, Ephraim, relating to
McGill, William, resolve on petition of
McKeen, Abner G., relating to

Ephraim, relating to .
McKellar, John, member of committee, appointed
McKendry, Capt. Archibald, relating to

467

260

51, 473

548

242, 548

177, 198

245

552

243

549

248

549

295

246

550

502

369

378

12,

Index.

154,

171, 214

244

. 5, 458

160

McKenuy, David, relating to
McKoy, Paul, relating to
McLane, Edward, allowance to

Edwai'd, relating to .
McLellan, Hugh, relating to

Thomas, trustee, appointed

William, trustee, appointed
McMullen, Nancy, relating to
McMullin, Nancy, relating to
McNeill, Archibald, relating to .
Measures and weights, act in addition to act for regulation of .

part of act for regulation of, repealed

Medfleld, town of, account allowed for support of poor
Meeting-house, north, in Salem, proprietors of, incorporated .

Meiggs, Ephraim, relating to

Mellen, John, relating to

John, and Caleb Gannett, resolve on petition of
Melvill, George, relating to

Hannah, relating to

Thomas B., resolve on petition of

Melvin, Jack, relating to

Members of the general court, pay established . 143, 169, 193, 437

Mendem, "William, relating to 246

Mendon, town of, account allowed for support of poor 160, 245, 471

Mendon, William, relating to

Merchant, Peter, relating to

Merit, Asa, relating to

Merrick, John, relating to

Merrill, Enoch, relating to

John, adjutant, account allowed

John, Jr., adjutant, account allowed

Moses, adjutant, account allowed

Nathaniel T. , authorized to execute deed of the land men-
tioned

Stephen, relating to

Message of governor, relative to boundary line between Massachu-
setts and Rhode Island

relative to death of lieutenant governor

relative to the education of Levi Koukapot, Indian . 574

relative to extradition and rendition of persons charged with
• crimes

relative to the militia

relative to Passamaquoddy Indians

relative to proposed amendment to constitution of the United
States 574

relative to resignation of Samuel Lyman

transmitting letter from certain officers of the militia
Message of governor, transmitting statement of treasurer

Page

481

160

, 506

, 551

, 492

311

471

246

176

26
471
309

30
534
482
196
196
196
554
488
471
552
553
501
295

54
496
250
557
557

496
345

580
586
580

581
580
586

585
569
587
581

Index. 645

Page

Messenger, Bille, relating to 295

George, relating to 287

Methuen, town of, account allowed for support of poor . . 245,552
Methuen, Haverhill and Bradford, towns of, company of cavalry to

be established in 228

Middleborough, town of, account allowed for support of poor . 2-15
act iu addition to act regulating taking of alewives in . . 308

preservation of alewives in 366

Middlesex county, accounts of treasurer allowed and tax granted 158, 458
Mil ford, town of, account allowed for support of poor . . 245, 552

Militia, act in addition to act regulating 40

cavalry in the first and second brigades, first division of, to

be formed into two squadrons 205

company of artillery to be established in fourth division of 156, 452
company of artillery to be raised in fifth division of . . 504
company of artillery to be raised in seventh division of . . 208
company of cavalry to be raised in eighth division of . . 197
company of light infantry to be established in sixth division of 227
company of light infantry to be raised in fifth division of . 227
company of light infantry to be raised in second division of 192, 235

message of governor relative to 580

two companies of cavalry to be established in second divi-
sion of 228

Mill Company, the Bangor Bridge and, incorporated . . . 301

Miller, Edward, relating to 246

John, relating to 551

Joseph, account allowed 249, 558

Nathan, and others, set off from town of Washington and

annexed to town of Lenox 318

Robert, allowance to 515

Milliken, Abraham, and Hannah Rice, resolve on petition of . . 208

Benjamin, relating to 209

Milton, town of, account allowed for support of poor . 160, 471, 552
Milton, Canton and Dedham, towns of, act in addition to act incor-
porating proprietors of meadow lands in . . . . 399

Mining Company, Ossipee, incorporated 77

Minns, Young &, account allowed . . . . 163, 253, 474, 559

appointed printers to the Commonwealth 151

Miuot, town of, incorporated 318

Miuot, George R., account allowed 474

George R., and others, members of committee, pay estab-
lished 445

Minott, John, relating to 78

Mirick, Caleb, account allowed 245

Mitchel, Peggy, relating to 243

Mitchell, David, relating to 30,161.247,471,554

Hannah, relating to 160, 471

Peggy, relating to 552

646 Index.

Page

Moarraan, William, relating to 248, 554

Molton, Josiah, relating to 12

Mouder, John, relating to 246

Monkhouse, Thomas, resolve on petition of 540

Monmouth, town of, relative to free grammar school in . . . 4(55

Montague, town of, fine remitted 204

Montague, Capt. Ebenezer, relating to 392

Montgomery, town of, certain inhabitants of, incorporated as the

United Baptist Society 11

Moody, Enoch, relating to 447

Paul, relating to 447

Samuel, relating to 54

Sewall, relating to ... 447

Moor, Holland, relating to 33

Joshua, relating to 33

Thomas, Jr., relating to 33

Moore, Herbert, adjutant, account allowed 250

Isaac, relating to 253, 474

Moors, Herbert, adjutant, account allowed 557

Moran, John, allowance to 515

Morehouse, John, and others, set off from town of Washington and

annexed to town of Lenox 318

Tho , and others, set off from town of Washington and an-
nexed to town of Lenox 318

Morey, Dr., relating to 245

Morris, Edward, relating to 70

Morrison, Alexander, relating to 295

Morse, Abel, adjutant, account allowed 250

Alpheus, relating to 71

Asa, relating to 70

Daniel, Jr., relating to 70, 71

Jason, Jr., relating to 70

Jeremiah, relating to 71

Jesse, relating to 70

Joseph, adjutant, account allowed 250

Ruggles, relating to 71

Morton, Benjamin, relating to 342

Ephraim, relating to ... 342

James, relating to 342

Rebecca, relating to 343

Thomas, relating to 342

Thomas, 3d, relating to 342

Moses, Martin, relating to 295

Moulton, Levi, relating to 345

Mount Desert, town of, account allowed for support of poor . . 245
Mount Vernon, town of, part of town of Fayette and plantation of

Goshen annexed to ....... < 323

Munn, Calvin, relating to 391, 395

Index. 617

Munroe, David, relating to 205

Munson, Jesse, relating to 294

Murry, John, relating to 470, 551

Mushrowe, Paul, relating to 245

Muzzy, William, and others, treasurer to stay execution against . 196

Myrick, George, relating to 74

Jonathau, Jr., relating to 74

Mystic river, relative to passage of fish from, to Ell pond in town

of Maiden 88

Nantucket, town of, account allowed for support of poor . 245, 552
Nantucket academy, established ........ 73

Nantucket county, time of holding courts of general sessions of the

peace and of common pleas in, changed .... 275

Nash, Daniel, adjutant, account allowed 250, 557

Morris, relating to 242, 549

Nasson, Joanna, authorized to execute deed of the land mentioned . 449

Samuel, relating to 449

Navy yard, United States authorized to purchase land in town of

Charlestown for 35

Neal, Nathaniel, relating to 345

Needham, town of, Jonathan Kingsbery, Jr., set off from Westerly

Precinct and annexed to Easterly Parish in ... 36

Nellson, Joseph Warren, relating to 342

William, relating to 342

Neponset bridge, proprietors of, incorporated 381

New Bedford, town of, account allowed for support of poor . 246, 552
New Bedford and Rochester, towns of, United Baptist Church and

Society in, incorporated 30

New Braintree, town of, account allowed for support of poor . 245

fine remitted 204

New Brunswick, relative to boundary line between the Common-
wealth and . . . 542

Newbury, town of, account allowed for support of poor 160, 245, 471, 552
assessors of First Parish in, authorized to assess taxes . . 216

Newbury (or Norberg), Elias, relating to 451

Newburyport, town of, account allowed for support of poor

160, 246, 471, 552
act in addition to act incorporating religious societies in . 13, 76

Newcastle, town of, fine remitted 204

Lincoln academy established in 61

Newell, Samuel, relating to 70

Newfield, town of, Ossipee Mining Company in, incorporated . . 77
New Hampshire, proprietors of the third turnpike road in, au-
thorized to extend the same road into town of Town-
send 268

648 Index.

New Marlborough, town of, account allowed for support of poor . 552

New Meadow river, proprietors of a bridge over, incorporated . 317

New Salem, town of, account allowed for support of poor . 245, 552

fine remitted 203

New Suncook, plantation of, incorporated as town of Lovell . . 43

New Vineyard, town of, incorporated 332

Nichels, Samuel, to call meeting 62

Nichols, Asa, relating to 30

John, relating to 21

Jonathan, relating to 242

Jonathan, and wife, relating to 243

Moses, relating to 342

Nickels, Samuel, trustee, appointed 61

Nickles, Jonathan, relating to 549

Nightingale, William, and others, treasurer to stay execution against 195
Ninth Massachusetts Turnpike Corporation, act in addition to act

incorporating 11, 68, 340

Noble, Alice, relating to 246

Elihu, relating to 295

Solomon, relating to 295, 299

Norberg (or Newbury), Elias, relating to 451

Norfolk county, accounts of treasurer allowed and tax granted 182, 503

additional term of court of common pleas established in . 351

Norfolk and Bristol Turnpike Corporation, incorporated . . . 372

relating to 538

Norris, Charles, relating to 74

North, Joseph, relating to 53

Northampton, town of, account allowed for support of poor

160, 246, 471, 553

resolve on petition of inhabitants of 214

Northborough, town of, fine remitted 204

Northbridge, town of, certain inhabitants of town of Sutton annexed

to 48

Northfield, town of, account allowed for support of poor. . . 552

North meeting-house in Salem, proprietors of, incorporated . . 309
North Parish, in town of Andover, trustees of the free school in,

incorporated 264

North river, proprietors of a bridge over, between towns of Scituate

and Marshfield, incorporated 273

North Yarmouth, town of, account allowed for support of poor 245, 552

Northrup, Elijah, relating to 21

Norton, town of, account allowed for support of poor . . . 245

Norton, Jonathan, relating to 21

Roderic, relating to 21

Roderick, and others, resolve on petition of . . . . 495

Samuel, relating to 171

Norway, town of, grant of land to, for support of the ministry and

schools 213

Index.

649

Norwich, town of, certain inhabitants of, incorporated as the United

Baptist Society 11

Norwood, Dr., relating to 245

Notary public, additional, to be chosen for county of Bristol . . 437

to be chosen for county of Essex 134,436

to be chosen for couuty of Hancock 436, 437

Noyes, Josiah, relating to 187

Kev. Thomas, relating to 37

Nuisances, relative to proceedings for removal of ... 279

Nutter, Alexander, relating to 484

Anthony, relating to 481

Betsy, authorized to execute deed of the land mentioned . 481

Nye, John, adjutant, account allowed 250, 557

John, brigade major, account allowed 555

Levi, relating to 21

Oakes, Thomas, relating to 551

Oaks, Thomas, relating to 244

O'Briau, Jeremiah, adjutant, account allowed 250

Obrian, James, relating to 163

Obrien, James, relating to 552

Jeremiah, Jr. , adjutant, account allowed 557

William, resolve on petition of 232

Officers' fees, act establishing, continued 29, 81

Okelly, David, relating to 550

Orr, Robert B , account allowed 558

Osborn, Daniel, adjutant, account allowed 473,557

John S., relating to . . 46

Sylvester, brigade major, account allowed .... 249

William, relating to 243, 549

Osborne, Sylvester, brigade major, account allowed .... 555

Osgood, Dr. George, trustee, appoiuted 264

Isaac, trustee, appointed 264

John, relating to 72

John, and others, to call meeting 73

Ossipee Mining Company, incorporated 77

Otis, Cushing, relating to 273

Harrison Gray, relating to 540

Overseers, Marshpee Indians, account allowed 245

Owen, Elijah, Jr., and others, resolve on petition of 495
Oxford, town of, account allowed for support of poor . . 246, 553
Oxnard, Edward, and Sarah Fox, empowered to execute deed of the

land mentioned 172

650 Index.

Page

Pace, Thomas, relating to 245, 552

Page, Duclly, relating to 345

Eli, relating to 1G3, 253, 474, 559

Robert, relating to 54

Taylor, relating to 345

Palmer, town of, account allowed for support of poor . 246, 471, 553

Palmer, Abraham, relating to 551

Abraham, and wife, relating to 160, 245

Andrew, relating to 338

Isaac, relating to 12

Isaac, Jr., relating to 12

Richard, relating to 338

Park, Mary, relating to 549

Parish, Byfleld, resolve on petition of certain inhabitants of . . 447
Easterly, in town of Needham, Jonathan Kingsbery, Jr., an-
nexed to 36

First, in town of Gorham, trustees of the ministerial fund in,

incorporated 311

First, in town of Newbury, assessors of, authorized to assess

taxes 216

First, in town of West Springfield, Timothy Horton set off

from 17

in Hallowell, boundary line between the South Parish in

Augusta and, altered 272

North, in town of Andover, trustees of the free school in,

incorporated 264

Second, in town of Amherst, certain inhabitants of town of

Belchertown anuexed to 19

Second, in town of West Springfield, Timothy Horton annexed

to 17

South, in Augusta, boundary line between the Parish in Hal-
lowell and, altered 272

South, in town of Andover, trustees of the free schools in,

incorporated 265

West, in Brookfield, probate court to be held in 198

Parker, Isaac, relating to 294

Isaac, and others, resolve on petition of 220

John, allowed to take the name of John Williams Parker . 294

Jphn, relating to 438

Rev. Samuel, relating to 67

Rev. Samuel, to call meeting 68

Parkman, John, authorized to take the name of John Augustus

Parkman 91

William, relating to 91

Parks, Henry, relating to 12

Index. 651

Page

Parlow, David, relating to 30

Thomas, relating to 30

William, relating to 30

Parmentor, Anthony, relating to 303

Parsons, Isaac, resolve on petition of 187

Israel, relating to 295

Joel, relating to 303

Joseph, relating to 345

Moses, relating to 303

Seth, relating to 303

Stephen, relating to 345

Thomas, relating to 345, 346

"William, relating to 343

Parsonsfleld, town of, Congregational Society in, incorporated . 345

Partridge, George, account allowed 163, 473

Partridgetield, town of, account allowed for support of poor . 246, 553

Passamaquoddy Indians, agent for, appointed 511

certain land appropriated to the use of 212

relative to trespasses on lands of 586

Patch, Nathan, discharged from certain executions .... 200

Paterson, Andrew, allowance to 515

Pattee, Anne, relating to 161

Patten, Isaac, adjutant, account allowed .... 161, 250, 557

James, and others, resolve on petition of 485

William, and others, resolve on petition of ... . 194

Patterson, Nathaniel, relating to 46

Robert, 2d, relating to 46

William, relating to 46

Paul, Deliah, relating to 246

John, and others, resolve on petition of 194

Payson, David, relating to 458, 493

Pearce, Fenner, relating to ......... 471

Pearson, David, relating to 447

Ebben, relating to 447

Noyes, relating to 447

Obadiah, relating to 447

Pease, Abner, relating to 295

Asa, relating to 345

Josiah, relating to 345

Martin, relating to 501

Peck, John, and Abel Cutler, committee for the sale of eastern lands

to execute deeds to 199

Pegg, a mulatto, relating to 554

Peirce, Isaac, grant to 174, 493

Pejepscot, town of, incorporated 365

Pejepscot proprietors, and others, resolve on petition of . . . 223

Pelton, Stephen, relating to 21, 303

Stephen, and others, resolve on petition of ... 495

652 Index.

Page
Pembroke, town of, account allowed for support of poor . . . 246

fine remitted 203

Pendergrass, Peter, relating to 160, 247, 471, 553

Penobscot river, relative to sale of lands on 148

Penrise, Joseph, relating to 553

Pepperellboro and Scarborough, towns of, preservation of certain

tract of salt marsh in 262

Pepperrell, Sir William, relating to 195, 200

Pequit Brook meadows, proprietors of, incorporated . . . 378

Perkins, Benjamen, relating to 30

Edward, relating to 248, 472, 555

Elizabeth, relating to 161, 248, 472, 555

Ephraim, relating to 295

Sarah, relating to 248, 472, 555

Thomas, relating to 471

Pero, negro, relating to 245

Perry, Calvin, relating to 70

John, relating to 342

Jonathan, relating to 70

Jonathan, 2d, relating to 71

Peters, George, authorized to sell the laud mentioned . . . 170

George, relating to 511

Petersham, town of, part of, incorporated into town of Dana . . 58

Peterson, Perez, relating to 343

Pettee, Anna, relating to 554

Thomas, relating to 472

Phelps, Abel, adjutant, account allowed 557

John, relating to 303

Philbrook, Daniel, adjutant, account allowed .... 250, 473
James, and others, resolve on petition of . . . 194

Phillips, John, relating to 381, 438

John, Jr., and others, resolve on petition of . . . . 192

Samuel, relating to 466

Thomas, account allowed 252, 474

Thomas, relating to 473

Turner, and John Winthrop, empowered to execute deed of

the land mentioned 149

William, Jr., resolve on petition of 207

Phinney, James, trustee, appointed 311

Luke, and wife, relating to 549

Picket, John, Jr., relating to 21

Pickman, Benjamin, relating to 458, 492

Benj., Jr., account allowed 559

Pierce, Eber, relating to 33

Fenner, relating to 160, 246, 553

Isaac, account allowed 560

John, relating to 33

John, resolve on petition of 481

Index. 653

Page

Pierce, Shadrach, relating to 33

Shadrach, Jr., relating to 33

Pingree, Samuel, adjutant, account allowed 557

Pitcher, Jonathan, relating to 12

Pittsfield, town of, account allowed for support of poor 160, 246, 471, 553

Plainfield, town of, fine remitted 203

Plantation, Brownfleld, part of, incorporated as town of Brown-
field, and part of, annexed to town of Fryeburg . . 323
Chester, incorporated as town of Chesterville . . .321
Pucktrap, account allowed for support of poor . . 470, 550
Goshen, part of, annexed to town of Mount Vernon . . 323
Goshen, or Wyman's, incorporated as town of Vienna . . 325
Littleborough, incorporated as town of Leeds ... 47

Littleboi'ough, resolve on petition of inhabitants of . . 223
Little River, resolve on petition of inhabitants of . . . 223
Marshpee, account allowed for support of poor . . . 552
Marshpee, alewife fishery in brook running out of Wakepee

pond in, regulated 259

New Suncook, incorporated as town of Lovell ... 43
No. 2, in Abbot's purchase, incorporated as town of Avon . 331
No. 2, or New Vineyard, incorporated as town of New ATine-

yard 332

No. 3, or Reedstown, incorporated as town of Strong . . 44
Pejepscot claim and Little's gore, incorporated as town of

Pejepscot 365

Plumb, Mary, relating to 552

Plummer, Francis, relating to 21

Plymouth, town of, account. allowed for support of poor . . 246, 553

Third Congregational Society in, incorporated . . . 342

Plymouth county, accounts of treasurer allowed and tax granted 155, 450

Plympton, town of, accouut allowed for support of poor . . 160, 471

flue remitted 203

Plympton, John, relating to 70

Oliver, relating to 70

Oliver, to issue warrant 71

Plymton, Elias, relating to 70

Gershom, relating to 70

Gershom, Jr., relating to 70

Pocock, Thomas, relating to 245, 552

Poland, town of, part of, incorporated as town of Minot . . .318

tax abated 144

Pollock, William, relating to 472

Pomeroy, Richard, relating to 247, 549

Pond, Ell, relative to passage of fish from Mystic river to, in town

of Maiden 88

Poor, Benjamin, adjutant, account allowed .... 250, 557

Ebenezer, Jr., relating to 439

Pork, inspection of, regulated 396

654: Index.

Page

Porter, Samuel, relating to 458, 492

Portland, town of , account allowed for support of poor . . 246,553

act in addition to act incorporating Episcopal church in . 372

resolve on petition of 491

Powell, David, account allowed 161

Pownalborough, town of, account allowed for support of poor . 553

Pratt, Freeman, relating to 71

Henry, relating to 70

Joseph, relating to 245

Nathan, trustee, appointed 56

Prebble, Esaias, Jr., adjutant, account allowed ..... 557

Preble, Esaias, adjutant, account allowed 250

Jedediah, relating to 459

Precinct, Westerly, in town of Needham, Jonathan Kingsbery, Jr.,

set off from 36

Prentice, Calvin, and others, set off from town of Sutton and an-
nexed to town of Northbridge 48

James, and others, set off from town of Sutton and annexed

to town of Northbridge 48

Prentiss, Cephas, relating to 169

Nathaniel, and others, set off from town of Charlestown and

annexed to town of Cambridge 371

Prescot, Jedediah, to issue warrant 325

Prescott, Jabez, allowance to 515

Jedediah, relating to 54

Oliver, and Isaac Farnsworth, authorized to convey the lands

mentioned 206

President, directors and company of the Gloucester bank, act in

addition to act incorporating 18

President of the senate, allowance to . . 143, 169, 193, 437, 488

President of the United States, address of legislature to . . . 210

reply of, to address of the legislature 575

Presidential electors, relative to choice of 142

relative to filling vacancies in list of 172

Preston, Amariah, account allowed 160

Presumpscot river, relative to salmon, shad and alewife fisheries in 258

Prince, John, Jr., adjutant, account allowed 557

Mary, relating to 159, 243

Princeton, town of, fine remitted 204

Printers to the Commonwealth appointed 151

Prison, state, grant to agents for building 176

Prisons, governor authorized to offer reward, in certain cases, for

apprehending persons escaping from 380

Private ways and bridges, act in addition to act relative to repairs on 400
Probate, judge of, for county of Washington, to be given compen-
sation for services 202

Probate court to be held in West Parish in Brookfield . . .198

Procter, Sylvester, account allowed 249

Index. 655

Page

Proctor, Gains, relating to 253, 474

Propet, James, relating to 554

Proprietors, of Andover bridge, act in addition to acts respecting . 333

of bridge over New Meadow river, incorporated . . . 317

of bridge over Winnogance creek, incorporated . . . 316
of bridge over North river, between the towns of Scituate

and Marshfield, incorporated 273

of bridge over Taunton Great river, between towns of Digh-

ton and Berkley, incorporated 63

of a common and general field, in town of Dedham, incor-
porated . . 348

of a common and general field, in town of Westport, incor-
porated 346

of Connecticut river bridge, allowed further time for complet-
ing the same 341

of Kennebeck purchase, resolve on petition of 497

of Lebanon, act in addition to act concerning . ... 45
of locks and canals on Connecticut river, lottery granted for

benefit of 334

of locks and canals on Connecticut river, resolve on petition of 214
of meadow lands in towns of Dedham, Milton and Canton, act

in addition to act incorporating 399

of Neponset bridge, incorporated 381

of Pequit Brook meadows, incorporated 378

of private ways and bridges, act in addition to act relative to

repairs made by 400

of the Barmill boom on Sauko river, incorporated . . . 337
of the Boston pier, or Long wharf, empowered to execute

deed of land mentioned 438

of the new Congregational centre meeting-house in Charlton,

act in addition to act incorporating 261

of the north meeting-house in Salem, incorporated . . 309
of the third turnpike road in New Hampshire, authorized to

extend the same road into town of Townsend . . . 268
of the town of Andover, act directing the use and appropri-
ation of the money arising from the sale of the common

and undivided lands of 264, 265

of township No. 1, southerly side of Androscoggin river, re-
solve on petition of 212

Pejepscot, and others, resolve on petition of . . . . 223

Province house, grant to treasurer to complete repairs on . . 215

repairs to be made on 150

Putnam, Aaron, agent, appointed 216

Elisha, and others, set off from town of Sutton and annexed

to town of Northbridge 48

Putney, Eleazer, relating to 70

Eleazer, Jr., relating to 70

656 Index.

Page

Qnanavvan, John, relating to 243

Quartermaster general, authorized to purchase land for a gun-house

in the town of Castine 455

settlement of accounts with 234, 539

to deliver a quantity of powder to James Fales . . . 486
to repair gun-house in town of Dorchester .... 145

Quincy, Josiah, relating to 381

Quindly, John, relating to 548

Rainsford island, grant for making improvements on hospital at . 240
grant to board of health of town of Boston for erection of

buildings on 145

Ramsbottom, James, relating to 159, 470

Rand, Greenleaf, resolve on petition of 211

Randall, Clement, relating to 30

David, relating to 30

Jethro, relating to 30

Lemuel, relating to 30

Putnam, relating to 30

Samuel, relating to 30

Seth, relating to 30

Simeon, relating to 30

Randolph, town of, fine remitted 204

Rankins, Joseph, relating to 338

Ratable estates within the Commonwealth, act for ascertaining . 82

committee to receive assessors' returns of, appointed . . 456

Rawson, Wilson, relating to 74

Ray, Samuel, relating to 550

Raymond, Clark, relating to 342

Ebenezer, relating to 74

Rea, Caleb, relating to 211

Sarah, authorized to execute deed of the land mentioned . 211

Read, George, relating to 246

John, agent, appointed 463

John, relating to 466

John, and Peleg Coffin, authorized to execute a new contract

with Thomas Monkhouse 540

John, and Peleg Coffin, empowered to have certain land laid

out in lots 484

Jno., and Peleg Coffin, to lay out the land mentioned . . 500

Nathan, relating to 342

William, to issue warrant 45, 332

Reading, town of, account allowed for support of poor . . 246, 553

Index. 657

Page

Reading, town of, alewife fishery in, regulated 351

Records of justices of the peace, preservation and authentication of,

regulated 401

Reed, Alexander, relating to 159,470

Amos, relating to 12

George, relating to 553

Thomas, allowance to 515

Reedstown, or No. 3, plantation of, incorporated as town of Strong 44
Rehoboth, town of, account allowed for support of poor . . 246, 553
Religious societies, in town of Newburyport, act in addition to act

incorporating 13, 76

Religious Society, Second, in town of Charlton, incorporated . . 70
Rendition and extradition of persons charged with crimes, relating

to 267, 581

Representatives, list of 130, 432

Representatives in congress, act establishing districts for the choice

of 386

acts establishing districts for the choice of, continued . . 333
Rhode Island, additional commissioner on the boundary line between

the Commonwealth and, to be appointed .... 459
commissioners appointed to ascertain the boundary line be-
tween Massachusetts and 221

message of governor relative to boundary line between Massa-
chusetts and 580

Rhode Island and Connecticut, grant to commissioners for ascertain-
ing boundary lines between the Commonwealth and . . 452

Rhodes, Adams &, account allowed 559

Rice, Asa, trustee, appointed 56

Elisha, allowance to 234

Hannah, and Abraham Milliken, resolve on petition of . . 208
Joseph, and others, set off from town of Westfield and annexed

to town of West Springfield 347

Matthias, relating to 209

Merrick, brigade major, account allowed 249

Mr., member of committee, appointed 538

Nathan, relating to 458, 492

Lt. Col. Samuel B., relating to 555

Thomas, trustee, appointed 61

Richardson, Ephraim, relating to 159, 470

James, relating to 373

John, account allowed 163, 253, 474, 559

John, 2d, account allowed 472

Timothy, 3d, resolve on petition of 171

Richmond, town of, account allowed for support of poor . . 471

Richmond, Thomas B., relating to 63

Riddle, Samuel, relating to 74

Rev. William, trustee, appointed 61

Rider, Hannah, relating to 343

658 Index.

Page

Eider, William P., brigade major, account allowed . . . 249, 555

Ripley, Jerom, relating to 391

Thaddeus, relating to 342

River, Belfast, certain persons incorporated for purpose of building

a bridge over 46

Connecticut, further time allowed proprietors of bridge over,

for completing the same 341

Connecticut, lottery granted for benefit of proprietors of locks

and canals on 334

Connecticut, resolve on petition of proprietors of locks and

canals on 214

Crooked, preservation of fish in 29

Dyer's, relative to fisheries in 19

Mystic, relative to passage of fish from, to Ell pond in town

of Maiden 88

North, proprietors of a bridge over, between towns of Scituate

and Marshfield, incorporated 273

Penobscot, relative to sale of lands on 148

Pesumpscot, relative to salmon, shad and alewife fisheries in 258
Sauko, proprietors of the Bar-mill boom on, incorporated . 337
Sheepscot, exempted from operation of laws regulating fish-
eries in counties of Lincoln and Cumberland ... 19

Songo, preservation of fish in 29

Taunton Great, proprietors of bridge over, between towns of

Dighton and Berkley, incorporated 63

Westfield Great, town of Westfleld authorized to build a

bridge over 32

Roach, James, relating to 551

Robberts, James, relating to 174, 446

Robbins, Ansel, relating to 343

Chandler, relating to 53

Charles, relating to 342

Edward H., commissioner, appointed 221

Edward H., relating to 458,493

Edward H., relating to 459

Edward H., and Thomas Dawes, agents to build state prison,

grant to 176

Edward H. , and others, authorized relative to repairs on state

house 547

Jesse, relating to 342

Lemuel, relating to 342

Nathaniel, relating to 343

Salley, relating to 160

Samuel, relating to 71, 342

Seth, relating to 343

William, relating to 342

Roberts, James, relating to 188, 495

Robinson, Hezikiah, relating to 303

Index. 659

Page

Robinson, John, relating to 550

Thomas, relating to 245

Robly, Matthew, and wife, relating to 552

Rochester, town of, preservation of alewives in ... 366

Rochester and New Bedford, towns of, United Baptist Church and

Society in, incorporated 30

Rogers, Benjamin, relating to 273

Henry, relating to 549

Joseph, relating to 273

Rolfe, Rev. Benjamin, relating to . 345

Root, Amos, relating to 294

Azariah, relating to 287

Joel, relating to 295

Rose, Rufus, relating to 303

Ross, Samuel, relating to 159

Rouch, James, relating to 244

Rouse, John, relating to 30

Rowley, town of, account allowed for support of poor . . 246, 553

Rowley, John, relating to 247, 554

Roswell, relating to 294

Roxbury, town of, account allowed for support of poor . . 246, 553
Royalston, town of, account allowed for support of poor . 246, 471

fine remitted 204

Rudd, James, relating to 295

Ruggles, Elisha, to issue warrant . 31

Runnels, Michael, relating to 471

Russ, John, allowance to 515

Russell, town of, certain inhabitants of, incorporated as the United

Baptist Society 11

grant to, to aid in erecting a bridge 226

Russell, Benjamin, account allowed 474, 559

George, adjutant, account allowed 250, 557

John, account allowed 163

Samuel, relating to . 46

Samuel P., allowance to 464,545

Thomas, relating to 437, 454

Rust, Gersham, Jr., relating to 12

Rutland, town of, account allowed for support of poor . . 246, 553

Ryder, George, relating to 342

Joseph, relating to 342

Samuel, relating to 343

Seth, relating to 343

William, relating to 342

Rynolds, Betsey, relating to 161

660 Index.

Page

Sabin, Abisha, relating to 70

Joseph, relating to 70

Sacket, David, relating to 12

Sale and manufacture of bread, regulated 100

Salem, town of, account allowed for support of poor 161, 247, 471, 553
act in addition to act empowering inhabitants of, to choose

a board of health 27

134, 436

309

355

553

notary public to be chosen in

proprietors of north meeting-house in, incorporated
Salem East India Marine Society, incorporated .
Salem Marine Insurance Company, incorporated
Salem Turnpike and Chelsea Bridge Corporation, incorporated
Salisbury, town of, account allowed for support of poor .
Salmon, shad and alewife fisheries, part of act for preservation of,
in rivers, streams and waters in counties of Lincoln and

Cumberland, repealed 258

Salmon, Ezekiel, relating to 253, 474

Sampson, George, relating to 342

Sanborn, John, relating to 345

Sand, stones and gravel, transportation of, in boats and lighters,

regulated 99

Sandisfleld, town of, account allowed for support of poor . . 161

Sanford, town of, fine remitted 204

Sargent, Daniel, relating to 438

Ignatius, account allowed 558

John, adjutant, account allowed 557

Paul D., relating to 473,474

Paul Dudley, resolve on petition of 240

William, Jr., relating to 342

Sarjeant, John, adjutant, account allowed 250

Sartell, Josiah, relating to 206

Satterlee, Samuel, adjutant, account allowed . . . . 251, 557

Sauko river, proprietors of the Barmill boom on, incorporated . 337

Savory, Elizabeth, relating to 343

Sawyer, Ebenezer, relating to 484

Rev. John, trustee, appointed 61

Naham, relating to 252

Scarborough and Pepperellboro, towns of, preservation of certain

tract of salt marsh in 262

Scates, John, Jr., relating to 193

John, and Ebenezer Heard, resolve on petition of . . . 193
School, free, in the North Parish in Andover, trustees of, incorporated 264
Schools, free, in the South Parish in Andover, trustees of, incorpo-
rated 265

Index. 661

Page

Schyler, Caesar, relating to 471

Scituate, town of, account allowed for support of poor . . 2-16, 553
proprietors of a bridge over North river, between town of

Marshfield and, incorporated 273

Scituate and Cohasset, towns of, part of act regulating alewife fish-
ery in, repealed ......... 284

Scott, Benjamin, relating to 303

Scovill, Bela, relating to 303

Scudemore, John, relating to 247, 472, 554

Scyler, Cesar, relating to 243

Searls, Nathaniel, relating to 71

Sears, Calvin, relating to 21

Isaac, relating to 21

James, and others, set off from town of Washington and an-
nexed to town of Lenox ....... 318

Luther, and others, set off from town of Washington and an-
nexed to town of Lenox 318

Second Parish, in town of Amherst, certain inhabitants of town of

Belchertowu annexed to 19

in town of West Springfield, Timothy Horton annexed to . 17
Second Religious Society in the town of Charlton, incorporated . 70
Secretary of the Commonwealth, directed relative to distribution of

maps of the Commonwealth 230, 536

directed relative to distribution of statute laws of the Com-
monwealth .......... 230

directed to distribute laws of the United States . . . 196
directed to have certain acts printed and distributed . . 157

pay established 145, 446

to certify balance due David Emery 513

to certify balance due George Melvill 196

to certify balances due Hugh Wadsworth and Thomas Wil-
liams 465

to certify sum due John Worcester 492

to furnish attorney general and solicitor general with list of

towns delinquent in making election returns . . .231
to give notice of arrangements for funeral of the lieutenant

governor 490

Senate, address of, in reply to governor's speech 134, 167, 178, 439, 477

Senators, list of . . 129, 431

Sever, William, brigade major, account allowed .... 249
Severance, Jesse, treasurer to stay execution against . . 169, 444

Solomon, account allowed 249

Sewall, David, member of committee, discharged .... 195

Henry, relating to 54

Sewell, Daniel, and Edward Cutts, resolve on petition of . . . 149

Seymour, Asa, relating to 295

Shad and alewife fishery, in town of Warren, regulated . . . 367

662

Index.

Page

30, 159, 243, 4

258

204

449

317
557
550
474

146

163

553

70
200

Shad, alewife and salmon fisheries, part of act for preservation of,
in rivers, streams and waters, in counties of Lincoln and
Cumberland, repealed .
Sharon, town of, fine remitted .
Shaw, Joseph, relating to .

Joseph, resolve on petition of
Joshua, relating to
Nathaniel, adjutant, account allowed
William, relating to .
Shearman, Abraham, Jr., account allowed.
Sheepscot river, exempted from operation of laws regulating fish-
eries in counties of Lincoln and Cumberland ... 19
Shelburne, town of, account allowed for support of poor . . 471, 553
Sheriffs and town officers, report respecting delinquency of, in not

returning votes

Sherman, Alexander, account allowed

Thomas, 2d, relating to

Zephaniah, relating to

Shoals, Joseph, relating to

Shrewsbury, town of, account allowed for support of poor

trustees of the funds appropriated to the support of a minister
of the Congregational denomination in, incorporated

Shumway, Jeremiah, relating to-

Sibley, Barnabas, relating to

Sidwell, Jonathan, relating to 158, 469

Simmons, Job, relating to 33

John, relating to 30

Joseph, relating to 33

Wheelock &, relating to 162

Sixth Massachusetts Turnpike Corporation, act in addition to act

incorporating 42

Skinner, Thompson J., allowance to 516

Thompson J., relating to 458, 492

Slack, Eliphalet, relating to 373

Samuel, relating to 373

Slayton, Elijah, relating to 33

Isaac, relating to 33

Phineas, relating to 33

Thomas, relating to 33

Slocum, Holder, relating to 458, 493

Sloper, Samuel, relating to 295

Smead, Solomon, relating to 391

Smith, , relating to 484

Abraham, relating to 552

Adolphus, Rodolphus Stratton authorized to take the name

of 91

Amasa, resolve on memorial of 499

Caleb, allowance to 515

Index. 663

Page
Smith, Darius, and others, set off from town of Westfield and an-
nexed to town of West Springfield 347

Elisha, relating to 287

Erastus, adjutant, account allowed 251, 557

Henry, relating to 30

Henry, and wife, relating to 554

Hugh, relating to 154

John, relating to 338

John, and others, set off from town of Westfield and annexed

to town of West Springfield 347

Juba, and others, set off from town of Westfield and annexed

to town of West Springfield 347

Moses, resolve on petition of 226

Nathan, allowance to 543

Dr. Nathaniel, relating to 67

Nicholas, relating to 342

Nicholas, adjutant, account allowed 251

Nicholas, Jr. , relating to 343

Peggy, relating to 471

Reuben, 2d, resolve on petition of 188

Reuben, 2d, aud Nicholas Bond, Jr., resolve on petitiou of . 174

Thomas, relating to 501

William Mitchell, relating to • ' 549

Snow, Ebenezer, relating to 30

Isaac, relating to 303

Jonathan, adjutant, account allowed 161

Joseph, relating to 30

Joshua, Jr., relating to 30

Societies, religious, in town of Newburyport, act in addition to act

incorporating 13, 76

Society, Baptist, in Berwick, proceedings of, made valid . . . 141

Congregational, in Parsousfield, incorporated .... 345

First Baptist, in town of Brookfield, incorporated ... 33

Kennebeck Agricultural, incorporated 53

Salem East India Marine, incorporated 72

Second Religious, in town of Charlton, incorporated . . 70

Third Congregational, in Plymouth, incorporated . . . 342

United Baptist, incorporated 11

Society and Church, United Baptist, in towns of Rochester and New

Bedford, incorporated 30

Society for Propagating the Gospel among the Indians and others,

grant to 541

Soldiers, lands to be granted to certain 217

Soldiers of the late continental army, relative to grants of land to . 467

Solicitor general, pay established 38

Solicitor general and attorney general, to be furnished with list of

towns delinquent in making election returns . . . 231

Somerly, Benjamin, account allowed 249

G64:

Index.

Songo river, preservation of fish in

Southampton, town of, fine remitted

Southborough, town of, fine remitted

South Brimfield, town of, fine remitted

South Hadley, town of, account allowed for support of poor

160, 247, 471,
South Parish, in Augusta, boundary line between the Parish in Hal-
lowell and, altered

in town of Andover, trustees of the free schools in, incor-
porated

Southwick, town of, account allowed for support of poor . 246,

Souza, Jos. de, relating to

Sparrel, James, relating to

Spars, masts, logs and other timber, act in addition to act to secure

to owners their property in

Spauldin, Asher, and others, resolve on petition of .

Spaulding, Timothy, adjutant, account allowed ....

Speaker of the house of representatives, allowance to

143, 169, 193, 437,
Spear, Benjamin, account allowed

Benjamin, adjutant, account allowed

Thomas, account allowed .
Speech of governor, at opening of May session

at opening of November session, 1800

at opening of January session, 1800 .

at opening of May session, 1801

at opening of January session, 1801 .
Spelmau, Charles, relating to

Jesse, relating to ... .

Timothy, relating to .
Spencer and Brookfleld, certain inhabitants of, incorporated as

Baptist Society in Brookfield
Spencer, Joseph, relating to

Noble, relating to

Sprague, Cotton, relating to

John, account allowed

John, relating to

Joseph, Joseph Sprague Stearns allowed to take the

William, adjutant, account allowed
Spring, Nathan, allowance to
Sprout, James, and others, resolve on petition o
Squires, Thadeus, relating to
Stanclift, William, relating to
Standish, town of, account allowed for support
Standish, David, relating to
Staniford, Jeremiah, account allowed
Stanley, Ashbel, relating to ...

George, adjutant, account allowed .

1800

of poor

252,

Pirst

name of

160,

253.

250,

Page
29
203
204
204

553

272

265
553
552
273

260
197
251

488
249
162
560
565
569
570
577
581
295
294
295

33
338
243

88
251
162
294
162
515
227
303

12
246

63
475
199
557

Index. 665

Page

Stanmford, Jeremiah, account allowed 163, 559

Stanton, Abiel, relating to 12

Stanwood, Humphry, authorized to take the name of Humphry

Woodbury 385

Judith and Agnes, authorized to take the surname of Wood-
bury ........... 385

Staples, Elias, Jr., relating to 33

Starkweather, Ephraim, relating to 373

Ezra, allowance to 464, 545

Oliver, relating to 373

State house, relative to repairs on 547

State house, old, relative to 166

relative to partition of 513

State prison, grant to agents for building 176

State tax, apportioned and assessed 101, 402

Statute laws of the Commonwealth, directions to committee for the

publication of 229

relative to distribution of 230

Stearns, Joseph Sprague, allowed to take the name of Joseph

Sprague 294

William, relating to 294

Stebbins, Quartus, adjutant, account allowed .... 251,557

Steelyard, vibrating, use of, authorized 41

Stephens, Betty, relating to 159, 244

Sterling, town of, fine remitted 204

Stevens, Ebenezer, trustee, appointed 264

Jeduthan, relating to 33

Jude, relating to 33

Justus, relating to 33

Roger, relating to 33

Roger, Jr., relating to 33

Silas, relating to 33

Stevenson, John, relating to 33

Steward, Benjamin, and Hannah Cowdin, resolve on petition of . 445

Stewart, Solomon, Jr. , relating to 295

William, relating to ........ 295

Still, Benjamin, relating to 554

Benjamin, and wife, relating to 161, 247

Widow, relating to 472

Stillman, Rev. Samuel, relating to 67

Stockbridge, town of, account allowed for support of poor . 246, 553
Stocker, Ebenezer, member of committee, appointed ... 76

Stoddard, John, adjutant, account allowed 557

Stone, Daniel, relating to 53

Enos, relating to 21

Ethan, relating to 21

Joseph, trustee, appointed 56

Perley, relating to 70

666 Index.

Page

Stone, William, adjutant, account allowed 557

Dr. William, account allowed 160

Stoneham, town of, account allowed for support of poor . 471,553

Stones, gravel and saud, transportation of, in boats and lighters,

regulated 99

Stoughton, town of, fine remitted 204

Stow, Aaron, relating to 538

Anne, allowance to 538

Ebenezer, relating to 12

Elihu, relating to 294

Stephen, relating to 303

Strange, Charles, resolve on petition of 449

Joanna, relating to 450

John, relating to 450

Stratton, Rodolphus, authorized to take the name of Adolphus

Smith 91

Strong, town of, incorporated 44

Sturbridge, town of, certain inhabitants of, incorporated into the

Second Religious Society in the town of Charlton . . 70

Sturtevant, Dr., relating to 160

Stutson, Thaddeus, relating to 30

Sudbury, town of, account allowed for support of poor . . . 246
Suffolk county, accounts of treasurer allowed and tax granted . 201, 533

relative to administration of justice in 50

Sullivan, town of, remitted the sum mentioned 541

treasurer to stay execution against 240

Sullivan, James, attorney general, allowance to .... 210

James, attorney general, grant to 480

James, attorney general, relating to 224

James, and others, resolve on petition of . . . 467
Sumner, Elizabeth, empowered to execute deed of the land men-
tioned 241, 448

Increase, relating to 241, 448

Supreme judicial court, act in addition to act establishing . . 262

additional allowance to justices of 209, 507

to be applied to to set off the Commonwealth's part of the old

state house 166

for counties of Hampshire and Berkshire, time of holding,

changed 257

Sutton, town of, account allowed for support of poor . . . 553
certain inhabitants set off from, and annexed to town of

Northbridge 48

Swaney, John, relating to 553

Swanzey, town of, account allowed for support of poor 160, 246, 471, 553

Sweet, Daniel, adjutant, account allowed 250

Henry, adjutant, accouut allowed 251, 557

John, Jr., allowance to 207

Swift, Benjamin, relating to 74

Index.

667

Page

Swift, Jabez, relating to 342

John, relating- to 342

John, Jr., relating to 342

Joseph, relating to 342

Sydnall, Patience, relating to 552

Sylvester, Nathaniel, relating to 342

Symmes, Rev. William, trustee, appointed 264

Synal, Patience, relating to 246

Tacanish, Joseph, Indian, relating to .
Taggard, Benjamin, relating to .
Taggart, Win., allowance to
Talbot, Fanuy, relating to .

Isaac, adjutant, account allowed

Lois, relating to
Talmage, Nathaniel, relating to .
Taunton, town of, account allowed for support of poor

company of light infantry to be raised in
Taunton Great river, proprietors of bridge over, between

Dighton and Berkley, incorporated
Tax, granted, county of Barnstable .

granted, county of Berkshire .

granted, county of Bristol

granted, county of Cumberland

granted, county of Dukes County

granted , county of Essex .

granted, county of Hampshire

granted, county of Kennebeck

granted, county of Lincoln

granted, couuty of Middlesex

granted, county of Norfolk

granted, county of Plymouth

granted, county of Suffolk

granted, county of Washington

granted, county of Worcester

granted, county of York .

on town of Columbia, abated

on town of Poland, abated

state, apportioned and assessed
Taylor, Betsy, relating to

Betty, relating to

James, allowance to .

James, relating to . .

James, and others, set off from town of Sutton and
to town of Northbridge

John, brigade major, account allowed

tow

170
295
515
549
162
549
460
554
227

ns of

63
184, 502
. 450
157, 451
192, 494
191

183, 506
201, 494
454, 496
204, 505
15S, 458
182, 503
155, 450
201, 533

184, 495
186, 189, 503

188, 504
. 189
. 144

101, 402
. 247
. 654

164, 232

458, 492
annexed

249, 556

668 Index.

Page

Taylor, Michael, relating to 242,549

Peggy, relating to 245, 247, 552, 554

Thomas, allowance to 515

Temple, Samuel, relating to 30

Stephen, relating to 554

Templeton, town of, fine remitted 204

Tenny, Oliver, relating to 154

Tenth Massachusetts Turnpike Corporation, incorporated . . 20
Thacher, Rev. Peter, chaplain of the senate, allowance to . 238, 543

Thayer, Arodi, resolve on petition of 497

Ebenezer, relating to 385

Enoch Williams, relating to 21

John, and others, set off from town of Belchertown and annexed

to Second Parish in town of Amherst .... 19
Nathaniel, authorized to take the name of Nathaniel Frederick

Thayer 385

Oliver, relating to 70

Reuben, and others, set off from town of Belchertown and

annexed to Second Parish in town of Amherst ... 19

Samuel, brigade major, account allowed 250

Samuel M., brigade major, account allowed .... 556
Third Congregational Society in Plymouth, incorporated . . . 342
Third turnpike road in New Hampshire, proprietors of, authorized

to extend the same road into town of Townsend . . 268
Thirteenth Massachusetts Turnpike Corporation, incorporated . 303

Thomas, Isaiah, account allowed 253

James, alias Alderman, Indian, relating to ... 160

John, trustee, appointed . . 335

Joshua, to issue warrant 344

Nathaniel, relating to . 553

Nathaniel, and wife, relating to 246

Salmon, 12

Thompson, Benjamin, allowance to 515

Benjamin, resolve on petition of . . . . . 191

Beuja., Jr., relating to 191

Isaac, allowance to 232, 464, 545

Thaddeus, relating to 21

William, relating to 295

Thomson, Benjamin, Jr., resolve on petition of 209

Isaac, allowance to 164

Thomsonborough, town of, name changed to Lisbon . . .321

Thorndike, Israel, relating to 355

Tliorning, John, relating to 550

Thornton, Mrs., relating to 243, 550

Thrasher, George, relating to 342

Thurston, Nathaniel, allowance to • 504

Nathaniel, relating to 458, 492

Tilden, Jotham, relating to 273

Index. 669

Page

Tilden, Thatcher, relating to 273

Tilliughast, Daniel, resolve on petition of 144

Nicholas, commissioner, appointed 221

Nicolas, relating to 459

Robert Gibbs, relating to 144

Timber, act in addition to act to secure to owners their property in

certain 260

Tinker, Lee, relating to 294

Tiukham, Abraham, relating to • • 30

Andrew, relating to 30

Charles, relating to 30

Reuben, relating to 30

Seth, brigade major, account allowed 250

Tinney, Luke, and wife, relating to 242

Tisdale, James, relating to 462

Titcomb, Benjamin, relating to 502

Caleb, relating to 447

Enoch, account allowed 162, 559

Enoch, relating to 162,251,458,492

Samuel, relating to 212

Simeon, relating to 447

Stephen, to issue warrant 322

Titticus, Mary, relating to 246

Tobey, Samuel, relating to . . . 63

Toll bridge over Westfield Great river, town of Westfield author-
ized to build 32

Tolman, John, relating to 273

John, adjutant, account allowed 251

Tom, negro, relating to 159, 244, 470, 550

Tompson, Nathaniel, resolve on petition of 496

Toppau, Rev. Christopher, relating to 481

Torrant, Thomas, relating to 242

Torrey, Joshua, relating to 342

Nathan, resolve on petition of 489

Torry, Ebenezer, relating to 552

Town, Asa, and others, resolve on petition of 228

Salem, authorized to carry into effect a certain resolve relative

to sale of lands on Penobscot river 148

Salem, member of committee, appointed 538

Salem, and others, resolve on petition of 537

Town officers and sheriffs, report respecting delinquency of, in not

returning votes 146

Towner, William, relating to 163, 233, 251

William, brigade major, account allowed .... 472

Towns, relative to prosecutions for breaches of by-laws of . . 854
Towns :

Abington, account allowed for support of poor . 158, 469, 548
Adams, account allowed for support of poor . . 242, 469, 548

670

Index.

Page
Towns — Continued.

Alford, account allowed for support of poor . . . 242, 548

Alfred, fine remitted 204

Amesbury, account allowed for support of poor . . 158, 469
Amherst, certain inhabitants of town of Belchertown annexed

to Second Parish in 19

Andover, account allowed for support of poor . . 158, 242
Andover, trustees of the free school in North Parish in, incor-
porated 264

Andover, trustees of the free schools in South Parish in, in-
corporated 265

Andover and Boxford, company of cavalry to be established

in 228

Ashby, account allowed for support of poor .... 548

Ashby, fine remitted 204

Attleborough, account allowed for support of poor. . 242, 548
Augusta, boundary line between the South Parish in, and the

Parish in Hallowell, altered
Avon, incorporated ....
Bangor, lands confirmed to settlers in
Bangor, remitted the sum mentioned
Bangor, tax abated ....

Barre, account allowed for support of poor . . 159, 469,
Becket, account allowed for support of poor ....
Belchertown, account allowed for support of poor 159, 242, 469, 548
Belchertown, certain inhabitants set off from, and annexed to

Second Parish in town of Amherst .
Belchertown, doings of, confirmed ....
Bellingham, fine remitted . . . . .
Berkley, proprietors of bridge over Taunton Great river, be-
tween town of Dighton and, incorporated .... 63
Berwick, account allowed for support of poor . . 242, 549
Berwick, proceedings of Baptist Society in, made valid . . 141
Beverly, account allowed for support of poor . . . 242, 549
Beverly, company of light infantry to be raised in . . . 192
Billerica, account allowed for support of poor . . 242, 549

Blanford, account allowed for support of poor . . 242, 549
Blanford, certain inhabitants of, incorporated as the United

Baptist Society 11

Boothbay, account allowed for support of poor . . . 242

Boothbay, fine remitted 488

Boothbay, taking of alewives in, regulated .... 320
Boston, account allowed for support of poor . 159,242,469,549

Boston, dispensary in, incorporated 66

Boston, grant to board of health of, for erection of buildings

on Rainsford island 145

Boston, proprietors of the Boston pier or Long wharf in,

empowered to execute deed of land mentioned . . . 438

272
331
217
541
205
549
469

19
236
204

Index. 671

Page
Towxs — Continued.

Boston, relative to storing and safe keeping of gun powder in 292
Boston, resolve on memorial of board of health for . . 240

Boston, watch established in 309

Boxborough, account allowed for support of poor . 159,242,548
Boxford, account allowed for support of poor . . 242, 548

Boxford and Andover, company of cavalry to be established in 228
Bradford, company of light infantry to be raised in . . 235
Bradford, Methuen and Haverhill, company of cavalry to be

established in 228

Braintree, fine remitted 204

Bridgewater, account allowed for support of poor . . . 548
Bridgewater, act in addition to act regulating alewife fishery

in . 90, 341

Brimfield, account allowed for support of poor . . . 548
Brookfield, account allowed for support of poor 159, 242, 469, 549
Brookfield, First Baptist Society in, incorporated ... 33
Brookfield, probate court to be held in West Parish in . . 198

Brownfield, incorporated 323

Buckland, account allowed for support of poor . 159, 242, 548
Cambridge, account allowed for support of poor . . 243, 549
Cambridge, certain inhabitants of town of Charlestown an-
nexed to 371

Canton, account allowed for support of poor .... 243

Canton, fine remitted 204

Canton, proprietors of Pequit Brook meadows in, incorpo-
rated 378

Canton, Dedham and Milton, act in addition to act for incor-
porating proprietors of meadow lands in . . . . 399
Cape Elizabeth, account allowed for support of poor . 159, 470

Cape Elizabeth, fine remitted 204

Cape Elizabeth, resolve on petition of 148

Carlisle, account allowed for support of poor .... 159

Carver, fine remitted 204

Castine, account allowed for support of poor .... 549
Castine, quartermaster general authorized to purchase land

for a gun-house in . 455

Charlemont, account allowed for support of poor 159, 243, 470, 549
Charlestown, account allowed for support of poor . 243, 549

Charlestown, certain inhabitants set off from, and annexed to

town of Cambridge 371

Charlestown, United States authorized to purchase land in, for

a navy yard 35

Charlton, account allowed for support of poor . . 243, 549
Charlton, act in addition to act incorporating proprietors of

the new Congregational centre meeting-house in . . 261
Charlton, Second Religious Society in, incorporated . . 70
Chelmsford, account allowed for support of poor . . 243, 549

672

Index.

Page
Towns — Continued.

Cheshire, account allowed for support of poor . . 159, 470

Chester, fine remitted 203

Chesterfield, fine remitted 203

Chesterville, incorporated 321

Cohasset and Scituate, part of act regulating alewife fishery in,

repealed 284

Colrain, account allowed for support of poor . 159, 243, 470, 549

Columbia, tax abated 189

Concord, account allowed for support of poor . 159, 243, 470, 550
Conway, account allowed for support of poor . 159, 243, 470, 549
Cummington, fine remitted 203

in,

corpo-

river, be-

Dana, incorporated

Danvers, account allowed for support of poor .

Dartmouth, account allowed for support of poor

Dedham, account allowed for support of poor

Dedham, proprietors of a common and general field
porated

Dedham, Milton and Canton, act in addition to act in
rating proprietors of meadow lands in

Deerfield, account allowed for support of poor

Deer Isle, account allowed for support of poor

Deer Isle, notary public to be chosen in .

Dighton, account allowed for support of poor

Dighton, proprietors of bridge over Taunton Great
tween town of Berkley and, incorporated

Dorchester, account allowed for support of poor

Dorchester, gun-house in, to be repaired .

Douglas, account allowed for support of poor

Dover, account allowed for support of poor .

Dudley, certain inhabitants of, incorporated into the Second
Religious Society in the town of Charlton

Dunstable, account allowed for support of poor

Dunstable, fine remitted

Durham, account allowed for support of poor
Duxbury, account allowed for support of poor
Easthampton, account allowed for support of poor
Easthampton, resolve on petition of inhabitants of
East Sudbury, account allowed for support of poor
East Sudbury, fine remitted ....

Edgartown, fine remitted

Egremont, account allowed for support of poor
Ellsworth, assessors of, authorized to assess tax
Falmouth, account allowed for support of poor
Falmouth, certain ministerial land iu, to be sold
Fayette, part of, annexed to town of Mount Vernon
Fraraingham, account allowed for support of poor
Franklin, account allowed for support of poor

159, 243, 550

159, 243

243, 550

ncor-

348

399
550
550
437
550

243, 550

. 145

470, 550

243, 470

. 550

. 461

243, 550

. 243

. 214

. 550

. 203

. 204

243, 550

. 545

. 550

. 487

. 323

159, 244

159, 470

Index. 673

Tage

Towns — Continued.

Freeport, fine remitted 204

Freetown, account allowed for support of poor . . 243, 550
Fryeburgh, part of plantation of Brownfleld annexed to . . 323
Georgetown, account allowed for support of poor . . 244, 551
Gill, account allowed for support of poor . 160, 244, 470, 551

Gloucester, account allowed for support of poor 160, 244, 470, 551
Gloucester, act in addition to act incorporating president,

directors and company of bank in 18

Gorham, account allowed for support of poor .... 550
Gorham, company of light infantry to be established in . . 227
Gorham, trustees of the ministerial fund in the First Parish

in, incorporated 311

Goshen, account allowed for support of poor . . . 244, 551
Gouldsborough, account allowed for support of poor . . 551

Gouldsborough, tax abated 239

Granby, account allowed for support of poor . . 244, 470, 551
Granville, account allowed for support of poor . . . 244
Great Barrington, account allowed for support of poor

159, 244, 470, 550
Greene, resolve on petition of inhabitants of . . . . 223
Greenfield, account allowed for support of poor 160, 244, 470, 551
Greenville, account allowed for support of poor . . . 550
Greenwich, part of, incorporated into town of Dana . . 58
Groton, account allowed for support of poor . . 159, 244, 551
Hadley, account allowed for support of poor . . . 244, 551
Hallowell, account allowed for support of poor . 160,244,551
Hallowell, boundary line between the Parish in, and the South

Parish in Augusta, altered 272

Hamilton, fine remitted 203

Hampden, certain inhabitants of, allowed further time to pay

for lands 194

Hanover, fine remitted 204

Hardwick, account allowed for support of poor . . 244, 551
Hardwick, part of, incorporated into town of Dana . . 58
Harlem, boundary line between town of Vassalborough and,

established 55

Haverhill, Bradford and Methuen, company of cavalry to be

established in 228

Hawley, account allowed for support of poor . . . 244, 551

Holden, fine remitted 204

Holland, fine remitted 204

Holliston, account allowed for support of poor . 160, 244, 551

Holliston, fine remitted 203

Hopkinton, account allowed for support of poor . . 244,551

Hubbardston, fine remitted 204

Ipswich, account allowed for support of poor . . . 244, 551
Kingston, account allowed for support of poor . . 244, 551

674

Index.

Towns — Continued.

Kingston, act to prevent the destruction of alewives in river

and streams in

Kingston, fine remitted

Kingston, trustees of fund for support of a Congregational

minister in, incorporated

Lancaster, account allowed for support of poor
Lanesborough, account allowed for support of poor
Lebanon, act in addition to act concerning proprietors of

Lebanon, fine remitted

Lee, fine remitted

Lee, to be credited with sum mentioned .

Leeds, incorporated

Leeds, part of town of Livermore annexed to .
Leicester, account allowed for support of poor

Leicester, fine remitted

Lenox, account allowed for support of poor .

Lenox, certain inhabitants of town of Washington annexed to

Leominster, fine remitted

Lewiston, resolve on petition of inhabitants of
Ley den, account allowed for support of poor .
Lincoln, account allowed for support of poor .

Lincoln, fine remitted

Lisbon, name of town of Thomsonborough changed to

Littleton, fine remitted

Livermore, part of, set off to town of Leeds .
Longmeadow, fine remitted ....

Lovell, incorporated

Lunenburg, account allowed for support of poor
Lynn, alewife fishery in, regulated .
Lynnfleld, alewife fishery in, regulated

Maiden, relative to passage of fish from Mystic river to Ell

Page

348
204

60, 2

335

552

204

448

487

314

160

204

160, 245, 551

318

204

223

5, 471, 551

245, 552

. 203

. 321

. 483

. 314

. 488

245, 471

. 351

pond in

Manchester, account allowed for support of poor

Mansfield, fine remitted

Marblehead, account allowed for support of poor
Marblehead, empowered to choose a board of health
Marlborough, account allowed for support of poor
Marshfield, account allowed for support of poor
Marshfleld, proprietors of a bridge over North river, between

town of Scituate and, incorporated .
Medfleld, account allowed for support of poor
Mendon, account allowed for support of poor
Methuen, account allowed for support of poor
Methuen, Haverhill and Bradford, company of cavalry

established in

Middleborough, account allowed for support of poor

245, 552

. 204

160, 245, 552

. 325

245, 552

. 552

. 273

. 471

160, 245, 471, 552

245, 552

to be

. 228
. 245

Index. 675

Page

Towns — Continued.

Middleborough, act in addition to act regulating the taking of

alewives in 308

Middleborough, preservation of alewives in ... . 36G
Milford, account allowed for support of poor . . 245, 552
Milton, account allowed for support of poor . . 160, 471, 552
Milton, Canton and Dedham, act in addition to act incorporat-
ing proprietors of meadow lands in 399

Minot, incorporated 318

Monmouth, relative to free grammar school in 465

Montague, fine remitted 204

Montgomery, certain inhabitants of, incorporated as the

United Baptist Society 11

Mount Desert, account allowed for support of poor . . 245
Mount Vernon, part of town of Fayette and plantation of

Goshen annexed to 323

Nantucket, academy in, established 73

Nantucket, account allowed for support of poor . . 245, 552
Needham, Jonathan Kingsbery, Jr., set off from Westerly

Precinct and annexed to Easterly Parish in ... 36
New Bedford, account allowed for support of poor . 246, 552

New Bedford and Rochester, United Baptist Church and

Society in, incorporated 30

New Braintree, account allowed for support of poor . . 245

New Braintree, fine remitted 204

Newbury, account allowed for support of poor 160, 245, 471, 552
Newbury, assessors of First Parish in, authorized to assess

taxes 216

Newburyport, account allowed for support of poor 160, 246, 471, 552
Newburyport, act in addition to act incorporating religious

societies in 13, 76

Newcastle, fine remitted 204

Newcastle, Lincoln academy established in .... 61
Newfield, Ossipee Mining Company in, incorporated . . 77
New Marlborough, account allowed for support of poor . 552
New Salem, account allowed for support of poor . . 245, 552

New Salem, fine remitted 203

New Vineyard, incorporated 332

Northampton, account allowed for support of poor 160, 246, 471, 553
Northampton, resolve on petition of inhabitants of . . 214

Northborough, fine remitted 204

Northbridge, certain inhabitants of town of Sutton annexed to 48
Northfield, account allowed for support of poor . . . 552
North Yarmouth, account allowed for support of poor . 245, 552
Norton, account allowed for support of poor .... 245
Norway, grant of land to, for support of the ministry and

schools 213

676 Index.

Page
Towns — Continued.

Norwich, certain inhabitants of, incorporated as the United

Baptist Society 11

Oxford, account allowed for support of poor . . . 246, 553
Palmer, account allowed for support of poor . . 246, 471, 553
Parsonsfield, Congregational Society in, incorporated . . 345
Partridgefield, account allowed for support of poor . 246, 553

Pejepscot, incorporated 365

Pembroke, account allowed for support of poor . . . 246

Pembroke, fine remitted 203

Pepperellboro and Scarborough, preservation of certain tract

of salt marsh in 262

Petersham, part of, incorporated into town of Dana . . 58
Pittsfield, account allowed for support of poor 160, 246, 471, 553

Plainfield, fine remitted 203

Plymouth, account allowed for support of poor . . 246, 553
Plymouth, Third Congregational Society in, incorporated . 342
Plympton, account allowed for support of poor . . 160, 471

Plympton, fine remitted 203

Poland, part of, incorporated as the town of Minot . . . 318

Poland, tax abated 144

Portland, account allowed for support of poor . . . 246, 553
Portland, act in addition to act incorporating Episcopal Church

in 372

Portland, resolve on petition of 491

Pownalborough, account allowed for support of poor . . 553

Princeton, fine remitted 204

Randolph, fine remitted 204

Reading, account allowed for support of poor . . . 246,553

Reading, alewife fishery in, regulated 351

Rehoboth, account allowed for support of poor . . 246, 553
Richmond, account allowed for support of poor . . . 471

Rochester, preservation of alewives in 366

Rochester and New Bedford, United Baptist Church and

Society in, incorporated 30

Rowley, account allowed for support of poor . . . 246,553
Roxbury, account allowed for support of poor . . 246, 553
Royalston, account allowed for support of poor . . 246, 471

Royalston, fine remitted 204

Russell, certain inhabitants of, incorporated as the United

Baptist Society 11

Russell, grant to, to aid in erecting a bridge .... 226
Rutland, account allowed for support of poor . . . 246, 553
Salem, account allowed for support of poor . 161,247,471,553
Salem, act in addition to act empowering inhabitants of, to

choose a board of health 27

Salem, East India Marine Society in, incorporated ... 72
Salem, notary public to be chosen in ... 134, 436

Index. 677

Page
Towns — Continued.

Salem, proprietors of North meeting-house in, incorporated . 309
Salisbury, account allowed for support of poor . . . 553
Sandisfield, account allowed for support of poor . . . 161

Sanford, fine remitted 204

Scarborough and Pepperellboro, preservation of certain tract

of salt marsh in 262

Scituate, account allowed for support of poor . . . 246, 553
Scituate, proprietors of a bridge over North river, between

town of Marshfield and, incorporated .... 273
Scituate and Cohasset, part of act regulating alewife fishery

in, repealed 284

Sharon, fine remitted 204

Shelburne, account allowed for support of poor . . 471, 553
Shrewsbury, account allowed for support of poor . . . 553
Shrewsbury, trustees of the funds appropriated to the sup-
port of a minister of the Congregational denomination in,

incorporated '56

Southampton, fine remitted 203

Southborough, fine remitted 204

South Brimfield, fine remitted 204

South Hadley, account allowed for support of poor 160, 247, 471, 553
Southwick, account allowed for support of poor . . 246, 553
Spencer and Brookfield, certain inhabitants of, incorporated

as First Baptist Society in Brookfield .... 33
Standish, account allowed for support of poor . . . 246

Sterling, fine remitted 204

Stockbridge, account allowed for support of poor . . 246, 553
Stoneham, account allowed for support of poor . . 471, 553

Stoughton, fine remitted 204

Strong, incorporated 44

Sturbridge, certain inhabitants of, incorporated into the

Second Religious Society in the town of Charlton . 70
Sudbury, account allowed for support of poor . . . 246

Sullivan, remitted the sum mentioned 541

Sullivan, treasurer to stay execution against .... 240
Sutton, account allowed for support of poor .... 553
Sutton, certain inhabitants set off from, and annexed to town

of Northbridge 48

Swanzey, account allowed for support of poor 160, 246, 471, 553

. 554
. 227
. 204
. 321
New

. 268

541

. 545

Taunton, account allowed for support of poor
Taunton, company of light infantry to be raised in .

Templeton, fine remitted

Thomsonborough, name changed to Lisbon
Townsend, proprietors of the third turnpike road iu
Hampshire authorized to extend the same road into
Trenton, remitted the sum mentioned
Trenton, to be paid the sum mentioned .

678 Index.

Page

Towns — Continued.

Trenton, treasurer to suspend executions against . . . 229

Tyngsboro', fine remitted 461

Tyringham, account allowed for support of poor . . 247, 554
Upton, account allowed for support of poor . . 161, 247, 554
Uxbridge, account allowed for support of poor 161, 247, 471, 554
Vassalborough, boundary line between town of Harlem and,

established 55

Vassalborough, taking of alewives in, regulated . . . 315

Vienna, incorporated 325

Walpole, account allowed for support of poor . . 247, 554

Ware, tax abated 510

Wareham, account allowed for support of poor . . . 554
Warren, account allowed for support of poor . . . 248,554
Warren, shad and alewife fishery in, regulated . . . 367

Warwick, part of act repealing act to incorporate the com-
mittee of the church and congregation in, repealed . . 18
Washington, account allowed for support of poor 161, 247, 472, 554
Washington, certain inhabitants set off from .... 318
Watertown, account allowed for support of poor . . 247, 554
Wellfleet, act to prevent damage being done to harbor of . 276
Wells, account allowed for support of poor .... 554
Westborough, account allowed for support of poor 247, 472, 554
Western, account allowed for support of poor 161, 247, 471, 554

Western, fine remitted 204

Westfield, account allowed for support of poor . 161, 247, 554
Westfield, authorized to build a toll bridge over Westfield

Great river 32

Westfield, certain tract of land set off from, and annexed to

town of West Springfield 347

Westford, account allowed for support of poor . 161, 472, 554
Weston, account allowed for support of poor . . . 247, 554
Westport, account allowed for support of poor . . . 554

Westport, notary public to be chosen in 437

Westport, proprietors of a common and general field in, in-
corporated 346

West Springfield, account allowed for support of poor

161, 247, 472, 554
West Springfield, certain tract of land set off from tOAvn of

Westfield and annexed to 347

West Springfield, Timothy Horton set off from First and an-
nexed to Second Parish in 17

West Stockbridge, account allowed for support of poor . 247, 554

West Stockbridge, fine remitted 204

Weymouth, account allowed for support of poor . . . 161
Weymouth, taking of alewives in, regulated .... 94
Wilbraham, account allowed for support of poor 161, 247, 472, 554
Williamsburg, account allowed for support of poor . . 247

Index. 679

Page

Towns — Concluded.

Williamsburg, fine remitted 203

Williamstovvn, account allowed for support of poor . 161, 472
Williamstown, treasurer to pay, for support of certain persons 155

Winchendon, fine remitted 204

Windham, authorized to dispose of school lands . . .510

Windham, flue remitted 204

Windsor, account allowed for support of poor 161, 247, 472, 554

Woburn, fine remitted 204

Woolwich, account allowed for support of poor . . 472, 554
Worcester, account allowed for support of poor . . 247, 554
Wrentham, account allowed for support of poor . . 247, 554

Wrentham, fine remitted 204

York, account allowed for support of poor . 161, 248, 472, 555
Townsend, town of, proprietors of the third turnpike road in New

Hampshire authorized to extend the same road into . . 268
Township, No. 1, in first range between state of New Hampshire and

Kennebeck river, time for settling extended . . . 207
No. 1, in first range upon river Schodic, relative to strip or

waste on lands in 148

No. 1, southerly side of Androscoggin river, resolve on peti-
tion of proprietors of 212

No. 3, between Androscoggin and Kennebeck rivers, time for

settling extended 207

No. 3, in first range north of Plymouth claim, further time

allowed for settlement of 190

No. 3, in seventh range above Waldo patent, relative to de-
ficiency of land in 208

No. 4, in fourth range north of Waldo patent, further time

allowed for settlement of 190

No. 4, in seventh range north of Waldo claim, bounds of, to

be examined 221

Tracey, David, major, relating to 555

Trainer, Francis, relating to 551

Trail, Samuel, relating to 295

Trayner, Francis, relating to 244

Treasurer, grant to, to complete repairs on the Province house . 215
grant to, for repairs on governor's house .... 537

pay established 145, 446

resolve on representation of 155

to credit town of Lee the sum mentioned .... 487

to deduct from note given for a certain township the sum

mentioned 208

to deliver up note to Ebenezer Heard and John Scates . . 193
to discharge the balance due from Noah Goodman . . . 239
to discharge bond against Thomas Cooke .... 505
to discharge Salem Town and others from payment of certain

interest 537

680

Index.

Treasurer, to issue new note to Sarah Bruce

to issue new note to Ebenezer Wright

to issue note to administrator of estates of Hugh Wadsworth
and Thomas Williams

to issue note to Samuel Davis .

to issue note to heirs of George Melvill

to issue note to Seth Johnson .

to issue note to Henry Warren .

to issue note to John Worcester

to make repairs on the Province house

to pay town of Williamstovvn for support of certain persons

to receive of Elihu Dwight and others the sum mentioned

to receive the sum mentioned on a note signed by Park Holland
and others

to stay execution against William Warren and others

to stay execution against Jesse Severance

to stay execution against town of Bangor

to stay execution against town of Sullivan

to suspend executions against town of Trenton
Treasurer's accounts, committee appointed to adjust

county of Barnstable, allowed .

county of Berkshire, allowed

county of Bristol, allowed

county of Cumberland, allowed

county of Dukes County, allowed

county of Essex, allowed .

county of Hampshire, allowed .

county of Kennebeck, allowed .

county of Lincoln, allowed

county of Middlesex, allowed .

county of Norfolk, allowed

county of Plymouth, allowed

county of Suffolk, allowed

county of Washington, allowed

county of Worcester, allowed .

county of York, allowed .
Treat, Lieut. Samuel, allowance to
Trenton, town of, remitted the sum mentioned

to be paid the sum mentioned .

treasurer to suspend executions against
Trewe, Lieut. Henry, allowance to

Trifle, Betty, relating to 161,

Tripp, Jesse, relating to ... .

Jesse, Jr., relating to
Trowbridge, Edmund, relating to

Orson, relating to ... .
Trustees, of Bowdoin college, resolve on petition of

of the free school in the North Parish in Andover, incorporated

169

184

157
192

183
201
454
204
158
182
155
201
184
189
188

247, 471

Page
194
206

4G5
202
197
500
513
492
150
155
198

177
195
444
205
240
229
142
, 502
450
, 451
, 494
191
,506
, 494
, 496
,505
, 458
, 503
,450
, 533
, 495
503
, 504
156
541
545
229
515
, 554
30
30
236
287
220
264

Index. 681

Page

Trustees, of the free schools iu the South Parish iu Audover, incorpo-
rated 265

of fund for support of a Congregational minister in town of

Kingston, incorporated 335

of the funds appropriated to the support of a minister of the
Congregational denomination in the town of Shrewsbury,

incorporated 56

of the Grafton Indians, empowered to sell the land men-
tioned 183, 190

of the ministerial fund in the First Parish in Gorham, incor-
porated 311

Tuck, John, relating to 345

Josiah, relating to 345

Tucker, Joseph, relating to 21

Richard D., and Rufus Davenport, resolve on petition of . 453

Tudor, William, relating to 67

Tufts, Samuel, relating to 88

Timothy, relating to 371

Tuller, Seneca, relating to 287

Turner, Benjamin, account allowed 471

Lieut. Col. Charles, relating to 472

Israel, relating to 447

John, relating to 447

William, relating to 447

Turnpike, Salem, and Chelsea Bridge Corporation, incorporated . 355
Turnpike Corporation, Fifth Massachusetts, act in addition to act

incorporating 39, 42, 55

Sixth Massachusetts, act in addition to act incorporating . 42

10
68, 340
20
294
287
303
391
372
538
380

Eighth Massachusetts, act in addition to act incorporating

Ninth Massachusetts, act in addition to act incorporating 11,

Tenth Massachusetts, incorporated .

Eleventh Massachusetts, incorporated

Twelfth Massachusetts, incorporated

Thirteenth Massachusetts, incorporated .

Fourteenth Massachusetts, incorporated .

Norfolk and Bristol, incorporated

Norfolk and Bristol, relating to

Williamstown, act in addition to act incorporating
Turnpike road, third, in New Hampshire, proprietors of, authorized

to extend the same road into town of Townsend
Twelfth Massachusetts Turnpike Corpoi'ation, incorporated

Twitchell, Elezr., resolve on petition of

Tyler, George, account allowed

James, adjutant, account allowed

John, authorized to take the name of John Eugene Tyler

John, relating to

Tyngsboro', town of, fine remitted

268
287
153
474
557
91
91
461

Tyringham, town of, account allowed for support of poor . 247, 554

682 Index.

Page
United Baptist Church and Society in Rochester and New Bedford,

incorporated 30

United States, address of the legislature to president of . . . 210
authorized to purchase land in town of Charlestown for a navy

yard 35

land ceded to, for light house on Cape Poge .... 01
land ceded to, for light house on Clark's point ... 26
land ceded to, for light house on Wigwam point . . . 15
laws of, secretary of the Commonwealth directed to distribute 196

Upson, John, relating to 295

Upton, town of, account allowed for support of poor . 161, 247, 554
Uxbridge, town of, account allowed for support of poor 161, 247, 471, 554

Valuation, general, report of committee on 516

Varnum, Ebenezer, relating to 470

John, allowance to 515

Vassalborough, town of, boundary line between town of Harlem and,

established 55

taking of alewives in, regulated 315

Vaughan, Benjamin, relating to 54

Charles, relating to 53

George E., assistant clerk of the senate, allowance to . 173,228
George E., clerk of the senate, allowance to . . . 463, 543

Veal, John, relating to 244, 551

Vergnie, Dr., relating to 160

Vickery, Ambrose, relating to 242, 549

Victs, Seth, and others, set off from town of Westfield and annexed

to town of West Springfield 347

Vienna, town of, incorporated 325

Vinson, Lovice, authorized to exchange the land mentioned . . 500

Nathan Donham, relating to 500

Vinton, Ralph, relating to 71

Sybil, empowered to execute deed of the land mentioned . 460

Vorse, Thomas, and others, account allowed 247

Vosburg, Isaac, relating to 287

Vose, Joseph, relating to 385

Josiah, authorized to take the name of Josiah Howe Vose . 385
Votes, report respecting delinquency of sheriffs and town officers in

not returning 146

Index. 683

Page

Wabrey, William, relating to 247

Wade, Nathaniel, relating to 458, 492

Wadsworth, Hugh, treasurer to issue note to administrator of estate

of 465

Jabez, relating to • 295

Seth, relating to 295

Wait, John, account allowed 252

John, relating to 71

Waite, John, account allowed 558

Wakely, John, relating to 548

Wakepee pond, alewife fishery in brook running out of, in planta-
tion of Marshpee, regulated 259

Waldo, Calvin, and others, authorized to execute deeds of the land

mentioned 484

Walker, Asa, relating to 70

Samuel, account allowed 559

Samuel, relating to 163, 253, 475

William, relating to 21

Wallace, James, relating to 549

London, relating to 155

Polly, relating to 155

Wallcot, Thomas, account allowed 252

Wallcut, Thomas, allowance to 544

Thomas, assistant clerk of the house of representatives, al-
lowance to 165, 173, 238, 463, 544

Wallice, Thomas, relating to 161

Walls, William, allowance to 515

Walpole, town of, account allowed for support of poor . . 247, 554

Ward, Rev. Jonathan, trustee, appointed 61

Samuel Curwen, relating to 385

Samuel Curwen, Jr., authorized to take the name of Samuel

Curwen 385

Ware, town of, tax abated 510

Ware, Daniel, adjutant, account allowed 251

George, relating to 63

Jason, adjutant, account allowed 473

Samuel, Jr., account allowed 247

Wareham, town of, account allowed for support of poor . . . 554

Warner, Abner, relating to 295

Moses, relating to 12

Warren, town of, account allowed for support of poor . . 248, 554

shad and alewife fishery in, regulated 367

Warren, Benjamin, relating to 342

Benjamin, Jr., relating to 342

George, relating to 513, 514

684 Index.

Page

Warren, Henry, account allowed 474, 560

Henry, clerk of the house of representatives, allowance to

166, 172, 238, 463, 543

Henry, relating to 514

Henry, treasurer to issue note to 513

John, granted further time for completing settlements on cer-
tain townships 238

John, resolve on petition of ... ... 190

Warwick, town of, part of act repealing act to incorporate the com-
mittee of the church and congregation in, repealed . . 18

Washburn, Ebenezer, trustee, appointed 335

Washington, town of, account allowed for support of poor

161, 247, 472, 554

certain inhabitants set oflf from 318

Washington county, accounts of treasurer allowed and tax granted 184, 495
judge of probate for, to be given compensation for services . 202

Wasson, John, adjutant, account allowed 251

Watch, in town of Boston, established 309

Wateley, John, relating to 247

Waterman, Foster, relating to 78

Waters, David J., account allowed 253

Israel, relating to 261

Joseph, relating to 245, 552

Watertown, town of, account allowed for support of poor . 247, 554

Watkins, Gilbert, resolve on petition of 460

Mark, relating to 460

Watson, Nathan, relating to 371

Way, Half , relating to 247, 554

Ways and bridges, private, act in addition to act relative to repairs

on 400

Weakley, John, relating to 161

Weatherly, Samuel, relating to 71

Webster, James, relating to 552

John, relating to 303

Samuel, and others, resolve on petition of ... 235

Thomas, relating to 471

Wedgwood, John, relating to 345

Weelright, Nathel. , relating to 209

Weights and measures, act in addition to act for regulation of . 65

part of act for regulation of, repealed 26

Welch, Benjamin R., relating to 453

Wellfleet, town of, act to prevent damage being done to harbor of . 276
Wells, town of, account allowed for support of poor . . . 554

Wells, Benjamin, relating to 437

Daniel, relating to 391

David, relating to 391

Elizabeth, resolve on petition of 437

Nathaniel, member of committee, discharged .... 195

Index.

685

Page

Wells, Nathaniel, relating to 458, 493

Samuel, relating to 391

William, relating to 391

Welsh, Catharine, relating to 242, 548

Mary, relating to 553

Molly, relating to 246, 471

Wendell, Oliver, account allowed 560

West, Csssar, and wife, relating to 553

John, relating to 78

Rev. Samuel, relating to 67

Westborough, town of, account allowed for support of poor 247, 472, 554

Westerly Precinct in town of Needham, Jonathan Kingsbery, Jr., set

offfrom 36

Western, town of, account allowed for support of poor 161, 247, 471, 554
fine remitted 204

Westfleld, town of, account allowed for support of poor . 161, 247, 554
authorized to build a toll bridge over Westfleld Great river . 32
certain tract of land set off from, and annexed to town of
West Springfield

Westfleld Great river, town of Westfleld authorized to build a toll
bridge over

Westford, town of, account allowed for support of poor

Westgate, Silvanus, relating to

Weston, town of, account altowed for support of poor

Weston, William, Jr., relating to ...

West Parish, in Brookfield, probate court to be held in

Westport, town of, account allowed for support of poor
notary public to be chosen in .
proprietors of a common and general field in, incorporated

West Springfield, town of, account allowed for support of poor

161, 247, 472, 554
certain tract of land set off from town of Westfleld and an-
nexed to 347

Timothy Horton set off from First and annexed to Second

Parish in 17

West Stockbridge, town of, account allowed for support of poor 247, 554
fine remitted 204

Weymouth, town of, account allowed for support of poor . . 161
taking of alewives in, regulated 94

Wheeler, Jonathan, relating to 447

Joseph, and others, resolve on petition of . . . .194

Josiah, account allowed 252, 560

Robert, brigade major, account allowed .... 250, 556
& Lincoln, account allowed 251

Wheelock, Calvin, relating to 71

Denison, relating to 70

Elijah, account allowed 560

Ephraim, relating to 70

347

161, 472, 554

247, 554

. 342

. 198

. 554

. 437

346

686 Index.

Page

Wheelock, James, relating to 71

Moses, relating to 71

Ralph, relating to 70

& Simmons, account allowed 162

Wheelwright, Joseph, and others, discharged from recognizance . 143
Whipple, Oliver, and Robert Hallowell, authorized to execute deed

of land mentioned 507

White, Daniel, adjutant, account allowed 162

David, adjutant, account allowed 251, 558

James, account allowed 162, 474

James, & Co., account allowed . 560

Joseph H., account allowed 472

Joseph, and others, to call meeting 10

Thomas, relating to 551

William, relating to 553

Whithier, Nathaniel, adjutant, account allowed .... 251

Whiting, Abraham, relating to 343

Ephraim, relating to 343

Gamaliel B., relating to 21

John, account allowed 251

John, relating to 373

Joseph, relating to 342

Nathan, relating to 343

Levi, relating to . . . . • 342

Timothy, adjutant, account allowed .... 251, 558

Timothy, relating to 373

Whitman, Benjamin, and others, resolve on petition of . . . 504

Kilborn, allowance to 516

Kilborn, relating to . . 458, 493

Whitmarsh, Rufus, relating to 458, 493

Whitney, William C, adjutant, account allowed .... 557

Whittier, Nathaniel, adjutant, account allowed 558

Wiggins, Broadstreet, relating to 175

Wigwam point, land ceded to United States for light house on . 15

Wilbor, John, relating to 552

Wilbraham, town of, account allowed for support of poor 161, 247, 472, 554

Wilcott, John, Jr., relating to 33

Wilkie, John, relating to 159, 242, 548

Wilkinson, Oziel, relating to 373

Willard, Beriah, relating to 391

John, relating to 21

Joseph, and others, resolve on petition of ... 467

Peter, relating to 247, 554

Willcox, Daniel, relating to 21

Willey, Andrew, and others, discharged from recognizance . . 143

Williams, Cyrus, adjutant, account allowed 557

Daniel, Jr., relating to 21

Ephraim, account allowed 251

Index. 687

Page

Williams, Ephraim, relating to 163

Ephraim, resolve on statement of 233

• Col. Israel, relating to 484

John, manager of lottery, appointed 334

Seth, relating to 54, 59

Thomas, relating to 241

Thomas, treasurer to issue note to administrator of estate of 465

Thomas, Jr., relating to 532

Thomas, and wife, relating to 244, 550

William, and others, authorized to execute deeds of the land

mentioned 484

Williamsburg, town of, account allowed for support of poor . . 247

fine remitted 203

Williamstown, town of, account allowed for support of poor . 161, 472
treasurer to pay, for support of certain persons . . . 155
Williamstown Turnpike Corporation, act in addition to act incorpo-
rating 380

Willington, Josiah, and others, set off from town of Charlestown and

annexed to town of Cambridge 371

Willis, Zepheniah, trustee, appointed 335

Wilson, Andrew, relating to 295

Catherine, relating to 553

Elizabeth, relating to 161, 472, 554

John, relating to 163

Jonathan, relating to 46, 444

Lieut. Jonathan, allowance to 515

Nathaniel, and others, resolve on petition of . . . . 487

William, relating to 159, 243, 470, 549

Winchendon, town of, flue remitted 204

Winchester, Silas, adjutant, account allowed 251

Windham, town of, authorized to dispose of school lands . . 510

fine remitted 204

Windsor, town of, account allowed for support of poor 161, 247, 472, 554

Wing, Dr. , relating to 160

Stephen, relating to 30

Wingate, Joseph, relating to 53

Winnogance creek, proprietors of a bridge over, incorporated . . 316

Winslow, Dorcas, relating to 30

John, relating to : 30

Paul, relating to 30

Winthrop, John, relating to 149

John, and Turner Phillips, empowered to execute deed of the

land mentioned 149

Witherby, Thomas, trustee, appointed 56

Woburn, town of, fine remitted 204

Wood, Eli, relating to 33

Woodbery, Issabella, relating to 470

Woodberry, Isabella, relating to 550

Woodbridge, Kuggles, agent, appointed 510

688 Index.

Page

Woodbury, Ester, relating to 459

Humphry, Humphry Stanwood authorized to take the name of 385

Wooden, John, relating to 159, 243

Woodman, Edmund, relating to 338

James, relating to 338

John, relating to 338, 550

Joseph, relating to 338

Stephen, relating to 338

William, relating to 447

Woods, Sampson, brigade major, account allowed . . '. 250, 556

Woodsom, William, relating to 338

Woolwich, town of, account allowed for support of poor . 472,554

Worcester county, accounts of treasurer allowed and tax granted 189, 503

resolve on petition of justices of court of general sessions of

the peace for 186

tax granted 186

time of holding courts of general sessions of the peace and of

common pleas in, changed 41, 93

Worcester, town of, account allowed for support of poor . . 247, 554

Worcester, John, treasurer to issue note to 492

Worthey, Benjamin, relating to 159, 244

Worthington, David, relating to 534

John, relating to 185

Wrentham, town of, account allowed for support of poor . 247, 554

fine remitted 204

Wright, Ebenezer, treasurer to issue new note to ... . 206

John C, and wife, relating to 551

John Claflin, relating to 159

John Claflin, and wife, relating to . . . . . . 244

Wyer, William, Jr., relating to 76

Wyman's plantation, incorporated as town of Vienna . . . 325

York, town of, account allowed for support of poor . 161, 248, 472, 555
York and Cumberland counties, preservation of fish in Crooked and

Songo rivers in 29

York county, accounts of treasurer allowed and tax granted . 188, 504
court of general sessions of the peace for, to make Edward

Cutts and Daniel Sewell an allowance for travel . . 149
time of holding courts of general sessions of the peace and of

common pleas in, changed 17

Young, Israel, member of committee, appointed .... 76

John, relating to 552

Jonathan, Jr., relating to 252

Joshua, relating to 481

Young & Minns, account allowed .... 163, 253, 474, 559
appointed printers to the Commonwealth .... 151

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